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Lawsuit filed against officer, city
Woman seriously injured in collision with cruiser on Adams Street claims negligence

By JUSTIN STORY, The Daily News, jstory@bgdailynews.com/783-3256
Wednesday, August 12, 2009 11:56 AM CDT

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Lakoi Bailey, who was seriously injured in a collision with a Bowling Green Police Department cruiser in 2007, is suing the city and the officer who drove the police car, claiming negligence.

Bailey, represented by Louisville attorneys Philip Grossman and Jennifer Moore, filed the suit Monday against Officer Lisa Brown and the city in Warren Circuit Court.

The suit claims that on Dec. 16, 2007, Brown drove her police cruiser carelessly and negligently on Adams Street when it collided with a car driven by Bailey as it traveled through the Adams Street intersection with 11th Avenue.

The complaint alleges that Brown disregarded traffic signals, failed to yield the right of way and drove without due regard for Bailey’s safety.

“Brown’s negligence was a substantial factor in causing Lakoi Bailey to suffer severe, serious and permanent injuries,” the complaint alleges. “Among other injuries she sustained, Lakoi Bailey suffered spinal fractures, including a life threatening ‘hangman’s’ fracture to her cervical spine.”

The suit claims that Bailey’s injuries have caused her to lose wages and permanently impaired her ability to work and earn money.

A Dec. 17, 2007, Daily News report of the crash, which was investigated by the Kentucky State Police, said Brown was responding to a disturbance call at Bogle Hall Apartments, her siren was on and emergency lights were flashing when the collision occurred.

Brown was treated and released from The Medical Center for minor injuries.

Bailey, the daughter of a former BGPD dispatcher, was treated at Vanderbilt University Medical Center in Nashville.

“When the officer approached the intersection she had the red light and she did not slow down and heed ongoing traffic,” Moore said. “Responding to a call doesn’t give you the prerogative to ignore traffic signals ... the officer still has to yield to traffic that has the right of way.”

Grossman and Moore were involved in another case against the city and the BGPD, representing the estate of Ali Carter, a 20-year-old Western Kentucky University student from Evansville, Ind., who was killed in 2006 when her car was struck by a police cruiser at Kentucky Street and 13th Avenue.

The city reached a settlement in 2008 with Carter’s family for $1 million.

Bailey seeks damages from the city and Brown through the lawsuit.

Bowling Green attorney Greg Stivers is representing the city and Brown in the case.

Stivers has 20 days from the date the suit was filed to respond. From there, discovery evidence relating to the crash will be requested and attorneys will take depositions of people involved in the case.

Stivers could not be reached for comment.

City attorney Gene Harmon said that the city intends to deny the allegations of negligence.

“There’s no question that it was an accident; the main question is who shares most of the responsibility,” Harmon said. “I think we’ll work out the legal issues as we go through the case.”

Officer Barry Pruitt, BGPD spokesman, declined to comment on the suit.


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