The law suit against Van Buren Township that was brought by Anna Wambaugh after a VBT police officer hit her vehicle head on in 2016 has been settled.
At the March 6 meeting of the VBT Board of Trustees, the board unanimously approved the attorney’s recommendation to settle the lawsuit as part of the consent agenda. There was no discussion and no information given out.
Wayne County Circuit Case No. 17-008615-NI was settled for $150,000, with VBT paying $75,000 and another defendant, Swagerty, paying $75,000.
Since VBT’s deductible is $75,000, that’s what it will pay from its budget and the Michigan Municipal Risk Management Authority (MMRMA) would pay nothing additional on this settlement.
The summary of the case by MMRMA shows on June 14, 2016, Officer J. Short was traveling northbound on Belleville Road to assist another officer with a criminal matter occurring at Walmart. He did not use his vehicle’s siren or lights, but he considered the matter he was traveling towards to be serious.
He encountered Swagerty’s silver Saturn as he drove towards the Belleville Road / N. I-94 Service Drive intersection. Officer Short first observed Swagerty’s vehicle as it exited the freeway and attempted to cross Belleville Road’s two lanes located on its northbound side of the road. Swagerty said he sought to cross the lanes to make a left turn towards Wendy’s restaurant on the west side of Belleville Road.
Due to Swagerty’s decision to cross both lanes and not slowly merging from one lane to another, Officer Short had to quickly maneuver his vehicle to avoid hitting the driver side of the Saturn.
Officer Short said he decided to take his chances driving into the southbound portion of Belleville Road rather than strike Swagerty at a high rate of speed.
It is undisputed he struck Wambaugh head on in Belleville Road’s southbound lane. It is also undisputed he was traveling 14 mph over Belleville Road’s 45 mph speed limit shortly before the time of impact. In its memo to the board, MMRMA said Officer Short was able to significantly reduce his speed to approximately 25-27 mph before hitting Wambaugh.
Wambaugh continues a personal injury / auto negligence case against Swagerty’s insurance company, Geico Indemnity Company. A settlement conference is set for May 3 before Judge Muriel Hughes.
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