Inscho
PHILADELPHIA - A girl and her aunt who were struck by a dirt bike being chased by a Philadelphia police officer have settled their lawsuit for nearly $3 million.
Lillie Mae Stubbs and her niece Zion Clark, who was 6 years old at the time, were crossing 69th street in Upper Darby when the dirt bike struck them in 2017, tossing them about 40 feet and causing serious injuries, a 2019 lawsuit filed by the firm Kline & Specter said.
Officer Dwayne Merrell had been assigned to a detail to rid Philadelphia's streets of dirt bikes and ATVs. But his chase of Caliph Rashaad Douglas crossed city lines into Upper Darby, and the suit said he failed to notify Upper Darby police.
After six years of litigation, the case settled this week, with Philadelphia agreeing to pay $2.9 million.
“This settlement is important not just to compensate the victims of this horrific accident, but to hold the Philadelphia Police Department accountable for the flagrant and life-threatening, violation of its pursuit policies," Kline & Specter lawyers David Inscho and Priscilla Jimenez said in a statement.
"When law enforcement officers engage in reckless and unnecessary high-speed chases on our roadways they place everyone in danger."
Judge R. Barclay Surrick had dismissed Philadelphia as a defendant but not Officer Merrell, who appealed to the U.S. Court of Appeals for the Third Circuit earlier this year. The settlement ends that appeal.
The dirt bike/ATV detail was meant to locate and confiscate them, not apprehend drivers, deposition testimony gathered during the case showed. Officers were told this and pointed to PPD's pursuit policy, which prohibits vehicular pursuits except in limited circumstances.
Merrell testified that at the speed of his pursuit, it was likely any accident would result in harm to its driver or someone else. Douglass was chased even though he was not seen committing any crime or traffic violation other than driving the bike.
At a stop sign, Merrell told Douglass "don't f---ing move," Douglass testified, adding that Merrell pointed a gun at his face. Douglass said he drove off in fear.
Merrell was told not to chase Douglass through the city over the police broadcast. Still, Douglass said at one point the chase reached a speed of around 90 mph.
After the collision, both Stubbs and Clark were unconscious. Stubbs was sent to Penn Presbyterian Hospital Trauma, where she was listed in critical/stable condition. Clark went to Children's Hospital of Philadelphia with internal and head injuries.
Douglass was not hurt enough to prevent him from stealing a car after the collision. He fled the scene and later abandoned the car on Market St.
Witnesses said Officer Merrell kept going past the crash scene without stopping to help. He went back to Philadelphia and denied ever chasing the dirt bike.
An internal affairs investigation said Merrell violated chase policy, falsified official documents and failed to render first aid to the injured.
