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| | Split Second Liability Claim By Robert Warne - February 14, 2003Contra Costa County agreed Feb. 7 to settle a two-year liability tug-of-war over a collision between a sheriff’s car and a teenager crossing a street.
Although the total amount sought wasn’t released, the claimant Michael Hopkins will receive $240,000 from the county. The amount was definitely a compromise because the claimant’s attorney was seeking a settlement consistent with allegations that Hopkins suffered a traumatic brain injury, which impaired his self-awareness and social judgment.
Hopkins who was 16 at the time of the accident filed his claim after he was struck by Officer Christopher Young’s patrol car. Once struck Hopkins rolled across the hood and off onto the curb and claimed he suffered a gash over his eye and lacerations on his arm and hip.
Young was responding to a call on a May 2000 night when he hit Hopkins crossing Railroad Ave. in Danville. His report states that after the incident Hopkins apologized for running into his car.
Hopkins and other witnesses at the scene allege the officer’s speed exceeded the 25 mph limit and he had his lights off. This was disputed as well as the allegation of whether the officer could have seen the teenager and could have avoided hitting him. But the experts agreed that the car couldn’t have been going more than 22 mph and the officer would have only had 3.5 seconds to respond.
Assistant County Counsel, Greg Harvey told the Tri-Valley Herald that, "There were questions of liability on both sides, and real questions about the damages."
It appears the $240,000 must have been the most convenient off ramp for the county to exit out of this claim without having to commit any more time and resources until the next opportunity arose. |