Personal Injury Case Goes to Mediation

The Superior Court will be mediating a lawsuit between a Santa Maria man and the Santa Maria Police Department, due to a collision that occurred when a patrol car hit a civilian's vehicle in September 2009, as reported by the Santa Maria Times.

Police officer Neil Medrano is accused of operating his police vehicle in a "negligent and careless" fashion per local resident Michael Acuna.

A case-management conference has been planned for March 22 as Timothy Staffel, the presiding judge, has ordered the two parties involved to discuss the matter in mediation.

Attorneys for the city of Santa Maria, the Santa Maria Police Department and Medrano, have filed an answer to the allegations - that they deny any truth to the charges.

In the lawsuit filed by Acuna on September 10 in Santa Barbara County Superior Court, he claims that the defendants caused him both property damage and personal injury.  Acuna also claims that the defendants were negligent.  He is seeking $25,000.

On September 15, 2009, documents filed by the plaintiff state that Acuna was driving his 2003 Honda Civic east on Main Street at the same time police Officer Neil Medrano was driving his 2009 Ford Crown Victoria patrol car east on Main Street.  The officer was driving directly behind Acuna.

Richard Brenneman, Acuna's attorney, claim that Officer Medrano was driving far too fast for the road's conditions.  Medrano's excessive speed caused him to hit the rear-end of Acuna's Honda.

During the collision Acuna suffered injuries and his vehicle sustained damages.

According to documents filed by Brennerman, the police department failed to properly train, or supervise, Medrano in how to operate the patrol car.  The documents further state that the police department "negligently failed to adopt, institute and/or follow safety procedures for driving ... while in traffic."

According to the plaintiff, Acuna has suffered from the loss of strength, lowered activity levels, shock and injury to his nervous system.  He continues, since September 09, to suffer from his injuries.  Due to this aspect Acuna has lost income from being out of work.

Hall, Hieatt and Connely, a law firm from San Luis Obispo representing the defendants, said that they deny both the allegations of negligence and those of breach of duty to the plaintiff.  They also said that the lawsuit was remiss in not stating sufficient enough facts to warrant the suit's filing.

The defendants then gave no less than 23 different defenses to the complaint.  They contend that some of the damages suffered by Acuna were the result of a simple car accident - not that of negligence by the defendants.  They also contend that Acuna has done nothing to lessen the impact of any damages he suffered in the accident.

The defendants are asking that the judgment be rendered in their favor and to also include the cost of fighting the lawsuit.

Contact a personal injury lawyer from our directory if you are seeking monetary compensation due to an injury.