Houston Chronicle

January 27, 2000

 

Council agrees to settle wrongful death suit

By Ron Nissimov

 

Houston City Council agreed Wednesday to pay $217, 500 to settle a wrongful death suit filed by the family of a woman killed in a collision with a police cruiser.

 

The woman, Juanita Patricia Hernandez, 38, was killed Feb. 4, 1997, at the intersection of Lee Road and Will Clayton Parkway near Bush Intercontinental Airport. Witnesses said Houston Police Officer Arnetta Martin drove through a red light at the intersection with her emergency lights and siren turned on when she broad sided Hernandez's car.

 

At the time of the accident, the officer's last name was Washington, but she since married, said HPD spokesman John Leggio.

 

John Tavormina, attorney for Hernandez's widower, two children and mother, said the officer was negligent even though she turned on her siren and lights.

 

Under state law, the city had a maximum liability in this case of $250,000. Tavormina said the fact that the city attorneys settled for close to that amount proves that "What the officer did was wrong". The suit was scheduled to go to trial Monday in the court of state District Judge Elizabeth Ray.

 

Tavormina said under regulations, Martin was suppose to slow down at the intersection to the point she could avoid an accident. He also said Martin was not entitled to turn on her siren and lights at the time of the accident because she was not responding to a "Code 1', or life-threatening situation.

 

Immediately after the accident HPD spokesman told reporters that Martin was responding to a Code 1. But Tavormina said he gathered computer and dispatch records proving Martin was responding to a suspect attempting to flee the airport premises on foot. The lawyer said this was a Code 3 situation that does not warrant the use of emergency lights and sirens.

 

"It's almost like the adrenalin starts to flow and it's an excuse to turn the lights and siren on" Tavormina said. "HPD needs better training and supervision to make sure this kind of thing doesn't happen"

 

Assistant City attorney Judith Sanchez said there was no deception. She said Martin truly believed it was a Code 1 because she heard the words "actors on the ground" .

Martin, who at the time was assigned to the airport area, was suspended 20 days for failing to take evasive actions at the intersection.

 

The plaintiffs are Hernandez's mother, Maria Guadalupe Castro Vilchis; her widower, Phillip Dale Jenks Sr.; her daughter, Jacqueline Hernandez; and her son, Dale E. Jenks.