On behalf of The Frickey Law Firm posted on Wednesday, July 31, 2013.
An investigation north of Denver shows the extent of possible negligence. The case involves a New Year’s Eve street fight, police response and subsequent pedestrian accident that claimed a Longmont teen’s life.
The 16-year-old died in an unsolved auto-pedestrian accident as he was fleeing a fight between his friends and another group. Longmont officers were called after the victim and the group – all white teens – apparently harassed an African American man.
Officers arrived and ordered the white teens to leave. Authorities believe the African American man summoned friends by cellphone the moment police left the scene. Racially motivated violence erupted when the friends showed up to confront the white teens.
The boy who ran away from the fight and into a street was struck and killed by a hit-and-run driver. Investigators arrested a woman suspected of causing the fatal pedestrian accident but later released her for lack of evidence. No other suspects were found, although the investigation remains open.
The mother of the victim filed a $2 million intent-to-sue notice in April. The proposed defendants are the Longmont Police Department and the city whom she contends contributed to the boy’s death.
The complaint says officers knew the teen was intoxicated and in possession of alcohol. The notice states the alcohol found on the juvenile was given back to him. No ticket was issued. The boy’s family was not contacted – negligent acts, according to the legal complaint.
Longmont city officials have promised to respond to the potential lawsuit within the next month. Negotiations with the mother could result. Risk management advisers may recommend the city waits until a lawsuit is filed before making a decision to settle or fight the claim.
An intent-to-sue filing gives a defendant the opportunity to resolve a legal complaint. Some states also require a notice of intent-to-sue before a plaintiff files a liability lawsuit against a government entity.
timescall.com, “Longmont police, city face possible $2 million lawsuit over New Year’s Eve fatal hit and run” Pierrette J. Shields, Jul. 26, 2013