The city of Tulsa has settled a lawsuit related to an automobile accident involving an on-duty police officer for $150,000.
The lawsuit was filed by Dr. Vikki Duke, a passenger in a vehicle that was struck by Officer Con Ericsson on April 20, 2012. Her initial claim was for $1 million.
According to Gerald Bender, the city's litigation division manager, Ericsson was southbound on Mingo Road near 78th Street when he tried to turn into a private driveway while responding to a call.
"He did not engage his emergency lights or siren," Bender wrote to Mayor Dewey Bartlett seeking approval of the settlement.
"The officer turned left in front of the northbound vehicle in which Dr. Duke was a passenger. The impact was significant."
The city Legal Department, working with the Tulsa Police Department, investigated the accident and confirmed Duke's claim that the city was liable for the collision, Bender wrote.
As a result of the accident, Duke suffered a fractured right arm with radial nerve entrapment and underwent two surgeries at a cost of more than $42,223, according to Bender's memo.
Duke, an audiologist, also provided documentation showing $35,000 in lost wages and the likely loss of future income as a result of the accident.
"As a result of her injuries, plaintiff has significant limitations," Bender wrote. "She has limited use of her right hand. She can no longer play golf, garden, knit or play tennis."
In an email to the Tulsa World, Bender noted that the case was settled for less than the $175,000 limit on tort claims.
He also described Duke as a "very sympathetic plaintiff."
"Under the facts at issue: clear liability on the part of the city; an extensive injury including nerve damage requiring surgery; and documented past and future medical expense, a Tulsa County jury could well have awarded her the entire tort limits had the case proceeded to trial."
Bender said the city's decision to settle the case had nothing to do with its limited budget for litigation expenses.
The Tulsa World reported in August that the Legal Department's litigation expense budget for this fiscal year is $15,953.
That covers the costs of depositions, expert witnesses, independent medical exams, transcripts, court fees and other expenses.
Kevin Canfield 918-581-8313
kevin.canfield@tulsaworld.com
Original Print Headline: City settles suit by passenger in vehicle hit by officer
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