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Family of elderly woman killed in crash with police bait car sue city

Discussion in 'Cop Talk' started by ronduke, Mar 9, 2010.

  1. ronduke

    ronduke

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    Family of elderly woman killed in crash with Dallas police bait car sue city
    11:29 PM Sat, Mar 06, 2010

    The family of an elderly woman who was killed in 2008 when a convicted felon driving a Dallas police bait car struck her vehicle is suing the city, KXAS-TV (Channel 5 reports).

    Annie Tovar Reyes, 83, was struck at an Oak Cliff intersection in June 2008 by a car driven by Eddie Robert Ramirez, who remains in the Dallas County Jail on a murder charge. Ramirez, 30, had just been released from prison after serving three years for stealing another Dallas police bait car.
    After the crash, Dallas police suspended the department's bait car program, designed to catch car thieves in the act.

    A review of the incident found that equipment designed to allow the bait car to be remotely shut off was working properly. Miscommunication between police may have delayed the shut-off by a few seconds, but it's unclear whether that would have made any difference in the outcome. The crash occurred moments after Ramirez allegedly stole the car.

    Channel 5 reports that the City Council will decide Wednesday whether to authorize a $245,000 settlement in the case.
     
  2. Steve in PA

    Steve in PA

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    So the police department cause the crash??? Lawyers are pathetic. They know they won't get any money out of the criminal, so they sue the department.

    If the dept caused the crash, then they better sue Exon or whoever supplied the gas. Better sue Goodyear for making the tires. If the vehicle didn't have tire it wouldn't have been stolen............
     

  3. lawman800

    lawman800 Juris Glocktor

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    It just keeps getting better, don't it?
    They better sue full circle and blame the family of the elderly woman too for letting her out of the house which was a big contributing factor in her death. I mean, if she was inside her house, the police can have 30 bait cars all being pursued in criss-cross patterns all over the city and none would hit her unless one went through her house.
     
  4. DustyJacket

    DustyJacket Directiv 10-289

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    I am assuming the bait car was left with the keys in it. If so, I can see the city being partially responsible because the 'facilitated' the theft and crash, with the majority of the responsibility going to the thief (probably penniless).

    If the keys were not left in it, I would think the city had no responsibility.
     
    Last edited: Mar 9, 2010
  5. Kadetklapp

    Kadetklapp Methberry PD

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    I vote for the use of Trunk Monkeys.
     
  6. KING-PIN

    KING-PIN

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    While i see your point, nobody forced her to steal a car that wasn't hers...

    :wavey:
     
  7. wandrson

    wandrson

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    The women didn't steal the car. She killed by a man who stole the car.

    In many ways this suit is no different from the child lock laws that hold the gun owner responsible if his/her gun is used by a child to harm someone. My understanding about these bait cars is that they are left in a condition to encourage theft. A car is as dangerous as a loaded firearm...
     
  8. merlynusn

    merlynusn

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    It depends on the area. I know some bait cars are left without keys and just have items in them to make the suspect want to steal it.
     
  9. jethro21

    jethro21

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    Keys are left in the car because it gets costly to repair a damaged column everytime it gets stolen.

    DustyJacket, using your logic, if I were to leave my keys in my car, someone stole it, then crashed and killed someone, I would be partially responsible? That is ridiculous.

    I tire of this notion that others are partially responsible for someone's (criminal) mistakes. Let's get past defending people's mistakes, misfortunes, crimes etc. This prevailing attitude is what is fuels events such as this, and takes away from the real issue- some innocent person died because a criminal broke the law. Blame and responsibility lay solely in his hands.
     
  10. blueiron

    blueiron

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    By some people's logic, everyone is a victim until the party with deep pockets is found. Then, and only then, is the respondent with predominate responsibility determined.
     
  11. ray9898

    ray9898

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    Man this gets old.

    "If the person who did the deed has nothing to go after then find someone who does".
     
  12. lawman800

    lawman800 Juris Glocktor

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    It just keeps getting better, don't it?
    The old legal theory of "Deep Pockets". Sue everyone, but include the one that has the money. Let them have joint and several liability and someone pays and they can sue each other to get money from each other.
     
  13. norm357

    norm357

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    A bar owner who knowingly allows a drunk to get in his car and drive off is responsible if the drunk kills someone.

    Just sayin....
     
  14. razdog76

    razdog76 Heavy Mettle

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    The logic would be that the city put these bait cars around town knowing (or should know), that those stealing them are highly unlikely to have a valid DL. Whereas, it is wrongful entrustment.

    I also agree with Lawman800, that Granny was a contributing factor.
     
  15. lawman800

    lawman800 Juris Glocktor

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    It just keeps getting better, don't it?
    That is due to the "Dram Shop Rule" and it is in statute that a barkeep or purveyor of an inn has the responsibility under law to do so.

    To be liable, you must have a duty to someone first.
     
  16. phuzz01

    phuzz01

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    Civil liability is the cost of doing business in this profession. You do the best job you can, and just accept that lawsuits are going to happen. The police department would have to seriously bury its head in the sand and do NOTHING to fight crime in order to not get sued every once in a while.