Durham settles 6-year-old lawsuit
Published: Thu, May. 10, 2007 02:55PM
Modified Thu, May. 10, 2007 03:30PM
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closeDURHAM -- A woman maimed by a police car has received a $375,000 settlement from the city, ending six years of legal wrangling, Durham city attorney Henry Blinder said today.
Linda Jones was struck by Officer Joseph Kelly on Sept. 15, 2000. She was crossing Liberty Street about 9 a.m. when Kelly struck her.
The impact sent her six feet in the air and 76 feet down the street.
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City attorneys have contended that Durham and Kelly shouldn't be held liable because he was acting in the normal course of his duties as a police officer and that Jones reasonably could have avoided the collision. Kelly was responding to a second distress call related to a domestic disturbance.
The case has wended its way through the court system for years, with several courts ruling that Jones did not have the right to sue.
The state Supreme Court in December ruled Jones did have the right to sue, reversing an earlier decision.
Blinder said $117,752 of the settlement will be paid by the city, while the remaining $257,248 will come from Durham's liability insurance provider.
Staff writer Matt Dees can be reached at 956-2433 or matt.dees@newsobserver.com
Staff writer Matt Dees can be reached at (919) 956-2433 or mdees@newsobserver.com.
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