The parents of two young friends that were killed by a hit-and-run driver during a police pursuit have filed a wrongful death lawsuit naming the police department as defendants. The lawsuit claims that officers failed to turn on their sirens to signal bystanders of the impending danger, as reported by the Daily Times for Delaware County, PA.
The two freshman boys, M.M. and M.T., were both killed in December of 2011. Their parents have named Folcroft police officer M.F., his chief R.R. and the borough of Folcroft as responsible. The suit, filed on June 24, is seeking over $150,000 in damages and demands a trial by jury.
John Kusturiss, the attorney for both families, said, "This is not a vendetta against the officer. He made a big mistake that day. He didn't have his siren on."
Chief R.R. stated, "According to the investigators, the officer did everything by the book, including stopping and immediately rendering aid."
The boys, freshmen at Academy Park High School, were struck by a speeding 1995 Chevy Lumina as they crossed Chester Pike at Glenolden Avenue on December 9, 2011 at approximately 9:30 p.m. M.T. died at the scene and M.M. survived for a single day before he passed on.
M.J.T., 21, was the driver of the speeding Lumina. He had been fleeing from M.F. following a traffic stop just moments before the accident. M.J.T. is currently serving life in prison after he was convicted for two counts of third-degree murder and homicide by vehicle while DUI.
Kusturiss claims that neither teen was alerted to any police pursuit as no sirens nor lights had been turned on. According to the suit Kusturiss said, "These boys had no warning. This could all have been avoided. Without the audible emergency siren to alert them to the pursuit, (M.T.) and (M.M.) were struck by the pursued driver." According to the lawsuit, protocols with regards to police pursuits were not adhered to.
During M.J.T.'s trial, Officer M.F. said he was pulling M.J.T. over for speeding and then discovered that M.J.T. had a suspended driver's license and was out on bail from an earlier arrest. Before M.F. got out of his patrol cruiser, M.J.T. sped off. M.F. gave chase, staying three car lengths behind the speeding Lumina. He witnessed M.J.T. heading toward a red light and then colliding with the two boys. As M.F. neared the roadway where the boys lay injured, he stopped to render aid as the Lumina drove on.
Kusturiss commented that the statute regarding the use of audible sirens is clear as "it is to put people on notice of a car coming their way." Damages are listed as funeral and burial expenses, ambulance, medical and administrative expenses, punitive damages, and judgment against the defendants, including punitive damages, lost wages, pain and suffering and attorney's fees.
These two boys may have been able to remove themselves from harm's way if they had received some warning. If you contact a personal injury lawyer to file a wrongful death lawsuit, your suit may result in compensation for your damages.