Injured driver wants to sue Metro

Wednesday, June 29, 2005 | 9:41 a.m.

CARSON CITY -- A Las Vegas motorist, severely injured when hit by a vehicle driven by a fleeing criminal suspect, wants the right to sue Metro Police.

Al Bruzas, attorney for Brett Gall, asked the Nevada Supreme Court Tuesday to overturn the decision of District Judge Michelle Leavitt who granted a pre-trial summary judgment in favor of the police department.

But John Gormley, representing the department, argued that immunity from suit applies in this case.

Officers D. Van Buskirk and R. Berni were alerted that a suspect had been harassing females and he may be driving a stolen Jeep Cherokee on May 24, 2000. They sighted a car believed to be the stolen vehicle and pulled up behind it, but the vehicle sped away.

The two officers turned on their siren and flashing lights in order to get into traffic. And then they apparently turned them off while following the suspect who reportedly was reaching speeds of 70 mph.

The suspect, later identified at Anthony Ryan, rammed into the car driven by Gall at Alta and Jones. Gall's car was slammed into a light pole and Gall was in the hospital for six weeks and had medical bills of more than $135,209.

Gormley said the officers had "discretionary immunity" and the department could not be sued. "Immunity to police officers is not unique to Nevada," he argued. "You have to give police officers some leeway."

Once the officers got into traffic, they turned the siren and the lights off and were going about 40 mph, he said.

But Bruzas said the officers were going at least 10 miles per hour above the speed limit. He said a district court jury should have the chance to answer whether the officers acted properly by not continuing the siren and flashing lights to warn motorists of the pursuit. He said this was a "ministerial act" by the officers and the department is not protected by immunity.

The court took the arguments under study.

Ryan, the suspect, was found guilty of reckless driving and was sentenced to 2-5 years in prison.