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Gross v. Thompson3/4/2003
In this personal-injury lawsuit arising out of a vehicular police pursuit, appellant challenges the district court's summary judgment in favor of respondents, a police officer, the Minneapolis Police Department, the City of Minneapolis, the driver of the vehicle in which appellant was riding, and the vehicle's owner. We affirm.
FACTS
On December 13, 1994, appellant Theresa Gray and her two-month-old daughter, Ashley Gross, visited the home of Darnell Breedlove's mother. At the conclusion of the visit, Breedlove borrowed his mother's car to give Gray and her daughter a ride home. While en route, Breedlove agreed to stop at a convenience store for Gray. Driving under the speed limit because the streets were slippery, Breedlove proceeded seven or eight blocks until he arrived at the intersection of Penn Avenue North and Golden Valley Road.
At approximately the same time, Minneapolis Police Officer Florell was driving his partner, Officer Lauridsen, back to the fourth precinct. Traffic was light, and, although it was not snowing, the streets were snow-packed. The officers noticed a vehicle driving west with its high beams on. Based on their professional judgment and experience, they suspected that the vehicle was stolen, although it had not been reported as such. The vehicle was also swerving from side to side, narrowly missing the right-hand curb at some points. The officers followed the vehicle as it turned, without signaling, from Penn Avenue onto 16th Avenue. The officers continued to follow the vehicle into an alley, and Lauridsen told the dispatcher of the officers' intention to make a traffic stop.
About one-third of the way into the alley, Florell turned on the police car's flashing red lights. The suspect vehicle failed to pull over and continued down the alley. When the vehicle turned out of the alley, Florell turned on the police car's siren and accelerated after it. The vehicle then sped through a red light on Penn Avenue. At that point, Florell turned on the police car's siren and accelerated after the vehicle. The officers accelerated to about 40 miles per hour and followed about half a block behind the vehicle, but soon gave up the chase because the street was so slippery that Florell feared they were going to crash. Florell then turned the siren off but kept the flashing red lights on. As the officers crested a slight hill on Penn Avenue between 17th and 18th Avenues, the officers were approximately two blocks from the vehicle and could see it speed through a red light at the intersection of Penn Avenue North and Golden Valley Road.
Breedlove was driving through the intersection at the same time and was struck by the suspect vehicle. Vernon Patterson, an independent witness, was crossing the street at the time of the collision and had to run to avoid getting hit. He later testified that Breedlove had no time to prevent the collision and that even " f [Breedlove] had gunned it to try to move it out of the way, [Breedlove] still would have [been] hit."
When the officers arrived at the scene, Fred Thompson, the driver of the suspect vehicle, and his passenger were getting out of the car and fleeing on foot. Lauridsen dispatched an ambulance to the scene, then chased Thompson and found him hiding under a car a few blocks away. Florell remained at the accident scene with Breedlove and his passengers.
Breedlove's vehicle had been broadsided by Thompson and crashed into a building on the corner. Breedlove and Gray were pinned in the car. Gray's infant daughter had been thrown from the car. Gray and her daughter suffered severe injuries.
Gray filed suit, alleging that (1) Florell engaged in neglig
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