District of Columbia v. Henderson

710 A.2d 874, 1998 D.C. App. LEXIS 88, 1998 WL 208891
CourtDistrict of Columbia Court of Appeals
DecidedApril 30, 1998
Docket95-CV-1453
StatusPublished
Cited by16 cases

This text of 710 A.2d 874 (District of Columbia v. Henderson) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
District of Columbia v. Henderson, 710 A.2d 874, 1998 D.C. App. LEXIS 88, 1998 WL 208891 (D.C. 1998).

Opinion

STEADMAN, Associate Judge:

In this case, we are asked to determine whether the District of Columbia can be held liable for the collision between a civilian vehicle occupied by appellees and two police cars on an emergency run. We reverse the judgments in favor of appellees because they failed to demonstrate that the police acted with “gross negligence,” as required by D.C.Code § 1-1212 (1992) and more particularly defined in our recent decision in Dis *875 trict of Columbia v. Walker, 689 A.2d 40 (D.C.1997).

I.

Two Metropolitan Police Department (MPD) cruisers, responding to a “Code One” emergency, ran a red light and struck a car carrying appellees Kevin Henderson, Sr., and his two children, Kevin Jr. and Rheana. The appellees sued the District for injuries they sustained in the collision. A jury returned a verdict for the appellees in the amount of $120,000, of which $100,000 represented Henderson’s damages and $20,000 represented those of his two children. The District moved for judgment notwithstanding the verdict (JNOV), or, in the alternative, for remit-titur or a new trial. The trial court denied the motion for JNOV but granted a new trial on the grounds that the $100,000 awarded to Henderson “shock[ed] the conscience of the Court and [was] so inordinately large as obviously to exceed the maximum limit of a reasonable range.” 1 The trial court rescinded its grant of a new trial, however, when Henderson accepted a remittitur of his damages to $60,000.

On appeal, the District argues that the trial court should have granted its motion for JNOV as to all three plaintiffs because the evidence was insufficient to show gross negligence.

II.

When reviewing the denial of a motion for JNOV, we view the facts in the light most favorable to the appellees and reverse “only if no reasonable juror could have reached the verdict.” Walker, supra, 689 A.2d at 42 (quoting Kane v. Ryan, 596 A.2d 562, 564 (D.C.1991)). Accordingly, the following presentation of facts is in the light most favorable to Henderson and his two children.

The accident occurred at about 5:30 p.m. on Saturday, December 12, 1992, as Henderson drove the children home from a Christmas party. The conditions were rainy and “getting dark,” and Henderson activated his headlights. The streets were wet from the rain, and there was testimony at trial that the stretch of road in question may have been particularly slippery in wet weather because of oil deposits on the asphalt. Henderson drove his gray 1987 Jaguar west on V Street, N.E., and prepared to make a left turn onto Bladensburg Road. Bladens-burg is a major six-lane road, with three lanes in each direction. Its intersection with V Street is controlled by traffic lights, and Henderson had the green light. When he entered the intersection, Henderson was not aware of two MPD cruisers approaching him from the left on Bladensburg Road.

The cruisers were responding to a Code One emergency call to assist motorists who were trapped in their vehicle after an accident near the intersection of Bladensburg Road and South Dakota Avenue, N.E. Officer Nathaniel Davis drove the first of the two police cars. He activated his emergency sirens and flashing lights, and he also turned on his high-beam headlights. Davis was driving at approximately thirty to thirty-five miles per hour. That stretch of Bladensburg Road had a speed limit of twenty-five miles per hour, but Officer Davis knew that police vehicles are allowed to exceed the speed limit in an emergency. 2

As Davis approached the intersection, other cars traveling in his direction were stopped for a red light. A traffic regulation allows police cars on emergency runs to proceed through red lights, “but only after slowing down as may be necessary for safe operation.” 18 DCMR § 2002.2(b). MPD General Order 301.3 went further than the regulation and required each police vehicle on an emergency run to come to a complete stop before attempting to proceed through a red light. Nevertheless, despite the regulation and General Order, the latter of which Davis thought controlling, he did not apply his brakes until he had reached the crosswalk before the intersection of Bladensburg and V and presumably saw Henderson. At that *876 point, he applied his brakes but was not able to avoid a collision.

Davis struck the left front headlight and quarter panel of Henderson’s Jaguar. The police officer in the second cruiser also was unable to stop and rear-ended Officer Davis’s cruiser. One of the two police cars then struck the Henderson car again, damaging the left rear quarter panel, brake light, and trunk lid. At trial, Henderson characterized his car as a “total loss.”

The appellees, as well as the two police officers, were transported by ambulance to local hospitals. The two Henderson children were examined and released promptly. They did not appear to sustain any physical injuries. Doctors x-rayed Mr. Henderson’s back, shoulder, and leg and determined that he had no fractures, but he remained in the hospital under observation for two days and continued to see a physical therapist for about one month to relieve his neck and back pain. He did not return to work for approximately six weeks after the accident.

III.

The District of Columbia cannot be held liable for claims arising out of the operation of a police car on an emergency run unless the officer driving the car acted with gross negligence. See D.C.Code § 1-1212. We explained the concept of gross negligence in Walker, supra, 689 A.2d at 40, which also arose from an accident involving police vehicles on an emergency run.

[T]he term “gross negligence” in § 1-1212 requires such an extreme deviation from the ordinary standard of care as to support a finding of wanton, willful and reckless disregard or conscious indifference for the rights and safety of others. This standard has been held to connote that the actor has engaged in conduct so extreme as to imply some sort of bad faith. Where ... there is no evidence of subjective bad faith on the part of the actor, the extreme nature of the conduct may be shown by demonstrating that the actor acted in such disregard of a risk “so obvious that [the actor] must be taken to be aware of it and so great as to make it highly probable that harm would follow.”

Id. at 44-45 (quoting 3 StuaRT M. SpeiseR et al., The AmeRican Law of ToRts § 10:2, at 361 (1986)) (other citations omitted). With that standard in mind, when reviewing a challenge to the sufficiency of the evidence,

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Bluebook (online)
710 A.2d 874, 1998 D.C. App. LEXIS 88, 1998 WL 208891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/district-of-columbia-v-henderson-dc-1998.