BUFFALO
Woman settles after patrol car collision
By Brian Meyer
NEWS STAFF REPORTER
Updated: 06/29/08 6:41 AM
A woman injured in a 2005 collision involving a Buffalo police car will receive $750,000 from the city under a proposed settlement filed with the Common Council.
City attorneys will urge the Common Council and Buffalo’s control board to approve the payment, noting the city could face a liability that approaches $2 million if the case goes to trial. Corporation Counsel Alisa
A. Lukasiewicz said State Supreme Court Justice Joseph Makowski considers it a reasonable settlement.
“We worked very closely with Judge Makowski and plaintiffs’ attorneys in arriving at a number that was considered fair and reasonable for all those involved,” Lukasiewicz said Friday.
Saundra Welch, 43, has had two surgeries and is scheduled for a third operation to deal with injuries she suffered when a Buffalo police vehicle collided with her car three years ago on Bailey Avenue. Legal documents indicate the Buffalo woman suffered injuries to her lower back, neck, shoulder and cervical area. City attorneys said a medical analysis concluding that Welch became totally disabled could not be refuted.
According to city documents, Welch and her husband were riding in a vehicle on Bailey when a police car driven by Officer Clay Twitty Jr. made an abrupt U-turn. The maneuver caused the Welches’ vehicle to crash into the patrol car. The officer had spotted a passing motorist using a cell phone, and he decided to pursue the violator, city attorneys said.
If the case were to go to trial, city lawyers said plaintiffs could have claimed that the officer acted in a reckless manner. They also could have questioned whether a violation involving a motorist who was talking on a cell phone warranted such an abrupt traffic maneuver.
City attorneys noted that the settlement does not concede any negligence was involved.
Scott M. Schwartz, the attorney for Saundra and Samuel Welch, would not comment on the case.
The full Common Council could vote on the matter July 8. The city’s control board, which must approve all expenditures over $50,000, will have the final say.
