Injured Officer

[wal6612]

What is the name of your state? Wisconsin; On May 9, 2007, I responded to assist another officer with a traffic stop. When I arrived the vehicle stopped was a semi unit. The first officer told me that the driver had turned over all requested documents. The driver was not cooperative in doing this though.

The co-driver was refusing to turn over his documents as required and was upset. I went to the tractor and spoke with the driver's. They were both very upset at being stopped. I asked for the co-driver to turn over his documents and he refused. He finally gave me his license and after doing so he clenched his fist as if he was going to strike me. I immediately placed him under arrest and placed him in my cruiser.

The first officer went to speak with the driver and tell that person what was going on. As I re-approached the front of the tractor the conversation was somewhat heated. After listening to constant profanities and verbal abuse I placed the driver under arrest for disorderly conduct. After doing so the driver started to resist. I was struck in the face on the right side and then pepper sprayed the driver. I directed the driver to the ditch area where the resisatance continued. After we were able to handcuff the subject the driver was placed in the back of another responding officer's cruiser.

That same day, per policy I filled out a first report of injury. The injuries I sustained were an injury to my jaw and right knee at that time. When I went into the ditch with the subject I came down squarely on my knee jamming it up.

I did not seek medical attention for some time (a few months) as I thought the injuries would heal on there own. I thought they were just spains or such. Well, it turns out that my jaw required surgery for torn cartilage and a displaced "articular disc". The injury to my knee turned out to be torn cartilage also. During physical therapy, my lumbar spine became very painful and it was determined that I have an L5 bulge pressing on the S1 nerve. The lumbar spine also has a slight twist as does my sacrum. I am told this took place when I landed on my knee. This pushed my hip back and twisted the areas described above. I have exhausted all non-invasive options and have tiurned to surgical consults at this point. I have been told that I may be rendered disabled by the State. I am only 44 years old and hope this does not happen.

The defendant was charged with battery to LEO, resisting and disorderly conduct. The co-driver plead to disorderly conduct and the driver requested a jury trial after pleading not guilty.

The trial was this week. The jury returned a verdict of not guilty of batery to LEO and resisting and guilty of disorderly conduct. The defense said if I was struck it was while the defedant was flailing about after being pepper sprayed or I was struck inadvertantly. The defendant stated that I was not hit in the face.

After the jury was excused the judge, who had been with the case since the initial appearance was not pleased with the verdict and stated that he didn't know what the jury was thinking. He imposed a sentence of 30 days in jail a $1000 fine and costs plus resitution.

My question here is do I have a civil case that would include vicarious liability? If so, this would allow me to get the trucking company's insurance agency involved. I understand that an intentional act would be excluded from vicarious liability, but since the jury did not convict on that charge and it was stated that the contact was, "inadvertant" and the defendant did not mean to hit me, this should be classified as being an unintentional act in my mind and should bring vicarious liability into play.

At this point I have been off work for 8 months. The Sate has incurred tens of thousands of dollars in medical expenses, if not more. I have been given no indication as to when I may be able to return to work if at all.

Any advice would be helpful, thanks.S. law)?

[tranquility]

I'm not sure as each state is different, but you generally assume the risk (aka Fireman's rule) on such things in your chosen profession. See an attorney to be sure, but don't get your hopes up. You have some chance as you will claim the injury is intentional and not negligent, but, again, each state is different.

[sagito327]

I agree with the above poster.

[NLW]

I'm not sure I agree with the prior two posters. I think they are bringing up laws that are generally pertinent in workers compensation law, which is very different than tort law. Liability cases against other parties in a civil action are not subject to the rules and limitations of workers compensation.

Tort law can be very complicated, and the rules of your state must be considered. I am no expert in tort law (other than seeking subrogation recovery on the workers compensation cases my staff handle), however I am unaware of any limitations imposed due to your profession.

This is a situation where I think you should seek a consultation with a personal injury attorney. A consultation should be free, and this way you could get advise from someone who understands the complicated world of tort law in Wisconsin.

I will say, however, if you are able to pursue an action, your employer will have a right to place a lien on money that you recover to offset the costs of the workers compensation claim. This is generally not the entire award you receive (you aren't subject to the workers' compensation caps in tort cases), but just so that you are aware - if you are successful, you will likely need to give up some of the money.