A West Hartford police officer is suing the town and a
fellow cop after being injured two years ago in an on-duty accident in
Hartford.
Officer James DeLuca says he likely suffered permanent
injuries after Officer David Michael crashed his police car into DeLuca's
marked vehicle as they attempted to make a traffic stop in April 2010 near the
Hartford-West Hartford border, according to the civil suit filed in Hartford
Superior Court.
At about 9 p.m., both West Hartford police officers were
headed east on Asylum Avenue by Elizabeth Park when DeLuca, his emergency siren
blaring, pulled onto the Whitney Street intersection to block traffic. Court
documents show that the officers were trying to stop a car that may have been
stolen.
Michael followed DeLuca and also turned onto Whitney to
block the street, but slammed into the back of DeLuca's vehicle as DeLuca began
to exit his car.
DeLuca, a 12-year veteran, was flung against the car and
dislocated his left shoulder, the suit says, and also suffered head trauma and
neck, back and shoulder sprains, among other injuries. The suit claims that
DeLuca has been "unable to perform his occupational duties as he did prior
to the collision."
DeLuca alleges that Michael, a West Hartford police officer
since 2007, did not "keep a proper lookout," violated state traffic
laws by driving "at a greater rate of speed than the circumstances
warranted" and following DeLuca's vehicle "too closely"; and
generally failed to avoid the crash.
In a response filed May 15, lawyers representing the town
denied that Michael was negligent and countered that DeLuca allegedly
contributed to the accident in several ways, such as braking suddenly and
trying to step out of the police car "without being fully aware of the
circumstances."
In addition, they argue that the town and Michael are
protected by governmental immunity.
Both DeLuca and Michael, who still work for the West
Hartford Police Department, could be not reached for comment this week.
DeLuca is represented by attorney David Herrmann of the
Hartford firm Krevolin, Feinstein, Gorman & Herrmann, which is seeking at
least $15,000 in damages. The town's corporation counsel and Regnier, Taylor, Curran
& Eddy, a Hartford trial firm, are representing Michael and the town.
Herrmann declined to comment, citing the pending litigation.
So did Assistant Corporation Counsel Kimberly Boneham.
In a twist, the town also became an intervening plaintiff in
the case, a legal move to recover funds if DeLuca wins a monetary judgment.
Because DeLuca received workers' compensation for his injuries — the amount he
collected is undisclosed — the town would seek reimbursement for the money it
spent on DeLuca's medical bills and other claims.
The Glastonbury firm Montstream & May, L.L.P., is
representing the town in that aspect of the case.
Under the state's Workers Compensation Act, a person who
accepts benefits voids the right to sue a fellow employee for damages unless
"wilful or malicious" misconduct or the coworker's "negligence
in the operation of a motor vehicle" caused the injuries.
In 2001, the Connecticut Appellate Court rejected a lawsuit
from a West Hartford police detective who argued that the department's tactical
response team was so ill-prepared that it amounted to misconduct when a fellow
detective accidentally shot him during a raid in Oct. 1995.
Paul Melanson, who suffered internal injuries and nerve
damage to his lower back, was covered under workers' compensation but also sued
Det. Anthony Miele, the town and several police officials, including former
Police Chief James Strillacci. Miele eventually retired as a lieutenant.
Melanson is now the police chief in Farmington.