Sunbather Lying On Beach Was Run Over By Police Vehicle
On June 12, 2006, plaintiffs’ decedent Cindy Conolly, 49, a social worker, was run over by an Oxnard Police sport utility vehicle while she was sunbathing on the beach. She died from her injuries.Tammy Krieger, 34, a homemaker, and Ronnie Bassett, 32, an electrician, Conolly’s adult children, sued the city of Oxnard, claiming that Conolly’s death was the fault of the officers driving the SUV.
Conolly was lying on the beach when the 6,500-pound police SUV, driven by two Oxnard police officers ran over her. She was struck by first the left front tire and then the left rear tire, smashing 13 of her ribs and fracturing her skull.
The city admitted liability.
The plaintiffs sought to depose the two officers who were driving the SUV to learn the true facts of the matter, but the city of Oxnard refused to produce the officers, claiming their testimony was irrelevant in light of the city’s admission of liability for the incident. The plaintiffs’ motions to compel the depositions were granted and the officers were deposed. They testified that they did not realize they had run someone over until 17 minutes later, when they received a 911 call summoning them back to Conolly’s location.
Conolly sustained 13 crushed ribs and a skull fracture and was pronounced dead at the scene, though witnesses said she suffered for about 15 minutes before she passed away. Krieger and Bassett claimed they were extremely close to their mother, speaking to and visiting her often. They alleged that as a result of her death they suffered the loss of her moral advice and protection due to her untimely death. Krieger testified that she relied on her mother heavily for advice with her children and life in general.
Bassett testified that the family had been together in Oxnard for his wedding the day before his mother was killed. He testified that he had been out surfing when the accident occurred, and so witnessed the “commotion” and police tape surrounding his mother’s death.
Krieger and Bassett sought damages for their loss of care, comfort and society. They also sought damages for the funeral and burial expenses.
The parties settled for $2,750,000 prior to trial with the help of mediator Rob Kaplan.