Lawyers argue officer's responsibility in death

John Robertson was killed in a 2001 collision with a cruiser chasing another car.
By TIM YOVICH
Vindicator Trumbull Staff
WARREN -- Jury deliberation will begin today in a civil trial to determine if a Bazetta Township police officer caused the death of a young man during a high-speed chase.
The estate of 18-year-old John D. Robertson is seeking damages as the result of a Jan. 11, 2001, accident when the car Robertson was driving collided with an Ohio State Highway Patrol cruiser at North River and Elm roads in Howland Township.
Although Bazetta police Sgt. Nick G. Papalas wasn't directly involved in the crash, Cleveland attorney Robert Linton argued Thursday that Papalas' indifference contributed to the accident.
Defense attorney Thomas J. Wilson of Youngstown told the jury during closing arguments that Robertson got the most warning of any motorist at the intersection before the crash.
The Bazetta Police Department is a defendant in the case, which is being heard in the courtroom of Judge John M. Stuard of Trumbull County Common Pleas Court. The suit alleges that Papalas didn't have the proper training.
Recap of events
According to testimony, Papalas went to Elm and North River when he heard over the radio that trooper Lee Sredniawa was part of a 100-mph chase.
When Papalas arrived at the intersection, he pulled the cruiser he was driving into the left turn lane on Elm next to the car Robertson was driving.
After the car being chased along North River passed them, Papalas moved the cruiser up toward the intersection. Robertson pulled out of the intersection and collided with the patrol car going west on North River.
During the end of his closing arguments, Linton told the jury that he could ask them to return an award of $5 million to $10 million but chose not to.
He then began to sob and sat down to end his argument.
Papalas had his emergency lights on, but whether his siren was activated is in dispute. Also, whether Robertson went through a red or green light hasn't been resolved during the trial.
Papalas testified during trial that once he got to the intersection, he looked over to the car next to him that Robertson was driving but couldn't get his attention or that of his passenger. Robertson then pulled into the intersection.
Wilson argued that Robertson "got the most warning" of any motorists from Papalas before the crash, and that the officer was concerned about other vehicles at the intersection.
Wilson, who insisted that the cruiser Papalas was driving with its lights and siren activated "tells everybody that something is going on," noted that it also tells motorists to "stay put." He suggested that Robertson shouldn't have driven into traffic.
Linton asserted that the cruiser blocked Robertson's view and that he couldn't see the patrol car approaching.
Linton claimed the case wasn't about money, but rather "about the loss to make sure this doesn't happen again."
Judge Stuard previously threw the case out on summary judgment, but the 11th District Court of Appeals reversed the judge's ruling and returned it to the lower court for trial in January.
The Ohio Court of Claims in Columbus has held Sredniawa and the patrol responsible for the death.
The Court of Claims won't assign a monetary amount to the case until January.
yovich@vindy.com