According to a report from Fox 2 Now, a mother has filed a wrongful death lawsuit against University City for a 2023 crash involving a police cruiser that took the life of her 15-year-old son. The teen died in the crash which followed a high-speed police pursuit. If you have lost a loved one in a car accident, a Kansas City wrongful death attorney can help.
Wrongful Death Lawsuit Filed Over Fatal 2023 Police Pursuit Crash in Missouri
As confirmed by reporting from Fox 2 Now, a mother filed a wrongful death lawsuit against University City and two unidentified police officers over the death of her 15-year-old son. The teen and two other 15-year-old boys died on September 6, 2023, after the Hyundai Accent in which they were traveling left Groby Road and struck a vacant home. Notably, Police had attempted a traffic stop shortly before the crash and there was a high speed pursuit.
Among other things, the civil wrongful death lawsuit alleges that the officers improperly initiated and continued a high-speed pursuit based on a suspected traffic violation and acted contrary to University City Police Department pursuit policies. The complaint cites dash-camera and security-camera footage and alleges that the officers lacked a reasonable basis to believe the vehicle’s occupants posed the type of immediate threat that justified the pursuit. For their part, representatives from University City declined to comment citing pending litigation.
Missouri Law Allows Parents to Bring a Wrongful Death Claim for the Loss of a Child
Missouri’s wrongful death statute (RSMo § 537.080) allows a parent to bring an action when a person’s death results from conduct that would have supported a damages claim had the person survived. Parents, spouses, children, and certain descendants fall within the statute’s first class of eligible plaintiffs. Only one wrongful death action may be maintained against a particular defendant for the same death.
Police Pursuit Wrongful Death Claims are Especially Complex
It is important to emphasize that a police pursuit that contributes to a deadly crash does not automatically make a municipality liable. Quite the contrary, Missouri law makes negligence claims arising from police pursuits unusually difficult. In the case of Woolfolk v. St. Louis County, a Missouri court specifically rejected the argument that Missouri’s emergency-vehicle statute, which requires officers to drive with “due regard for the safety of all persons,” creates an actionable duty to a voluntary passenger in the pursued vehicle.
Those precedents could present substantial legal hurdles in the University City case. The analysis may turn on the 15-year-old boys’ status in the vehicle, the officers’ actual conduct, whether any police vehicle physically contributed to the loss of control, and the specific theories pleaded against the city.
Contact Our Kansas City Wrongful Death Attorney Today
At House Law LLC, our Kansas City wrongful death attorney is a compassionate advocate for grieving families. If you lost a family member to an accident, we can help you navigate the civil claims process. Contact us today for a free, no obligation case review. With an office in Kansas City, we handle wrongful death cases throughout Missouri.
Tags: brain injury, personal injury, traumatic brain injury
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