City seeks dismissal of case

A trial is tentatively set for Jan. 22 in the Cortland case.

WARREN — A visiting judge plans to rule by Nov. 30 whether to grant summary judgment to Cortland in a lawsuit filed against the city over the fatal July 25, 2006, collision between a police cruiser and a 16-year-old girl.

Granting summary judgment would dismiss the case without a trial.

The suit, filed by the father of Cassandra Thompson of Kinsman, seeks damages against the city, its police department and Patrol Officer Jason Smith, a 14-year department veteran.

Thompson died after Smith’s cruiser hit her about 11:30 p.m. as she tried to cross South High Street from a convenience store to a friend’s house, where she was visiting.

Smith was responding at the time to a report of a fight in another part of town and was not using lights and siren, authorities have said.

Visiting Judge Thomas P. Curran from Cuyahoga County held a hearing Friday in Trumbull County Common Pleas Court on a motion by the city’s attorneys to grant summary judgment.

In court documents, the city said Judge Curran should rule in its favor because none of the exceptions in Ohio law that allow for damages in such cases are present.

“Based on the totality of the circumstances in the ... case, Officer Smith was responding to an emergency call and his actions did not constitute willful or wanton misconduct,” the city said in a filing.

It said further that Thompson would have to prove Smith failed to exercise “any care whatsoever” at the time of the accident. It said in similar cases, courts have held that officers responding to emergency calls do not exhibit reckless or wanton misconduct, even in situations in which they exceed the speed limit or fail to use their lights and/or sirens.

Thompson’s filings say Smith did show reckless or wanton misconduct because he was traveling between 59 and 66 miles per hour in a 35 mph zone.

If the case proceeds, a trial date is set for Jan. 22.

runyan@vindy.com