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Loftin v. Morales12/14/2005
isregarded numerous stop signs in the subdivision. Willingham described the street where the wreck occurred as "a narrow oil sand road with heavy foliage on both sides" that blocked Loftin's view of vehicles approaching intersections.
Evidence in Support of Morales's Response
Morales filed a response to Appellants' motion supported by affidavits of Morales, Loftin, Evans, and David A. Lysek, an accident investigator retained by Morales as an expert witness, and the complete deposition testimony of Loftin and Evans.
In his deposition testimony, Loftin admitted that he was not familiar with the subdivision and did not see the stop sign at the intersection where the accident occurred. He did not know how fast he was going and did not think it was sixty miles per hour, but had no reason to dispute Evans's statement that they were going fifty to sixty miles per hour. Before entering Shadybrook, he thought they traveled sixty to eighty miles per hour. He believed they were going thirty miles per hour when they drove in the yard between two houses. The officers learned during the chase that the Probe had not been reported stolen. When questioned by the State, Loftin said he did see a need to apprehend and he did not see any clear risk of danger in continuing the pursuit. In a separate statement, labeled Deposition Exhibit 1 and dated June 30, 2001, Loftin explained that his speed decreased greatly in the subdivision due to road surface and visibility. He said there were two long stretches in the subdivision where possibly they reached higher rates of speed.
In an affidavit dated May 21, 2003, Loftin described the events of the day of the accident that occurred two years before. This affidavit contains the information that is in his January 2005 affidavit, but in less detail.
In his deposition testimony, Evans explained that he had graduated from the Department of Public Safety's academy in March 2001 and was in training at the time of the accident. He stated they traveled up to ninety or one hundred miles per hour on FM 344 and in the sixties or maybe seventy miles per hour on County Road 187 inside Eagles Bluff. During the pursuit, they learned the name of the car's registered owner and that the car was not reported stolen. Evans had never been in Shadybrook before and did not know it was a residential area when they entered the subdivision. He explained that they slowed down "a good bit" and the roads in Shadybrook are rough, oil blacktop roads. Evans assumed that they were going fifty or fifty-five miles per hour through Shadybrook. He guessed that they were going thirty miles per hour when they drove through the yard between two houses. He admitted that seemed like a dangerous thing to do and there might be kids playing. He agreed that thirty miles per hour would be a reasonable speed in a subdivision due to the road conditions and sight restrictions. While he did not see the speedometer, he thought they were going fifty or sixty miles per hour at impact with Morales's vehicle.
Exhibit 1 to Evans's deposition is a sworn statement by Evans dated June 7, 2001. He explained that on May 14, 2001, at approximately 10:30 a.m., he and Loftin were conducting a stationary radar check when a Ford Probe sped past them. Evans described the pursuit and stated that he saw two or three brown, square objects come out of the passenger-side window. During the chase, dispatch gave him the name of the Probe's registered owner. Evans stated "there was light vehicular traffic in Shadybrook with rough roads, and therefore I feel the speeds of the Ford Probe and our patrol car could not have reached high speeds." He explained that at one point he feared the occupants o
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