Wrongful Death Suit Filed Against City of Houston
Posted on Nov 30, 2010 2:45pm PST
Houston police officer, Kyle Dozier, 27, has been accused of wrongful conduct and negligence in a high-speed crash that left a family bereft of their matriarch three months ago, as reported by the Houston Chronicle.
Dr. Estela Medrano, 67, a Baylor College of Medicine scientist, died in the August 30 car accident. Her husband and children have filed the lawsuit and is seeking an unspecified amount of money. The family is also requesting a trial by jury.
Officer Dozier has not returned a call for comment and is still recovering from his own injuries sustained in the accident. He has not returned to work.
The Houston Police Department has not commented on the case and Sally Ring, of the Houston Police Officers' Union and Dozier's attorney, also declined to comment. She only stated that both she and Dozier didn't know of any lawsuit and that the department was conducting an administrative and criminal investigation.
Richard LaGarde, the Houston-based attorney representing the Medrano family stated, "We have not seen any indication that the city has taken steps to make sure this kind of thing won't happen again."
The accident occurred when Medrano, a mother of four, had flown in from a conference in Switzerland. She arrived at the Houston airport where her husband, Jorge Medrano, 71, picked her up to drive her home in the family's 2008 Toyota Scion.
At approximately 12:40 a.m., when Jorge Medrano was making a left turn to enter the front of their townhome complex at 7655 S. Braeswood, their car was rammed by Officer Dozier's vehicle.
In the lawsuit Dozier is accused of driving his patrol car that night - without emergency lights - "up to 90 miles per hour". The speed limit in that zone is 35 mph.
Dozier allegedly turned on his sirens just moments before he made impact with the Medranos.
Both Medranos suffered numerous broken bones but Estela also sustained massive internal organ damage. The two were taken by ambulance to Ben Taub General Hospital. Estela Medrano died at the hospital, an hour after the crash.
Jorge Medrano, also sustaining a brain injury, spent weeks in an intensive care unit.
Dozier is accused in the lawsuit of "negligent, careless and reckless disregard of duty" in his response to an emergency call. He failed to adhere to the Houston Police Department's traffic laws in controlling the speed of his car, using his emergency lights and sirens.
The "Priority 2" call Dozier was allegedly responding to - a citizen being chased by a suspect - required that he "obey all traffic laws" but didn't call for him to use sirens or emergency lights.
David Feldman, Houston City attorney, said that their inspection has yet to show that Dozier was traveling at 90 mph. He said, "Obviously, that's part of what's being investigated ... How fast he was actually going at the time of impact or immediately before is something that's still a matter of investigation."
Of the crash Feldman said, "Obviously, it's an extremely unfortunate incident."
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