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Montgomery Police Officer’s Motorcycle Accident Lawsuit Settles

August 2, 2011

A settlement has been reached in a motorcycle accident lawsuit that was filed on behalf of a police officer against the city of Montgomery, Alabama.

motorcycle

A settlement has been reached in a motorcycle accident lawsuit that was filed on behalf of a police officer against the city of Montgomery, Alabama.

Corporal David Brown was on his motorcycle providing traffic control for a funeral procession in September of 2010 when he was hit and seriously injured by a car that pulled out of the motorcade. Shortly after, the ambulance that was transporting Brown to the hospital was involved in an accident and overturned.

Brown has since undergone extensive medical treatment and numerous surgeries, including the amputation of his left arm at the elbow and right leg at the knee.

In October of 2010, the Brown family filed a lawsuit against the city of Montgomery to obtain workers’ compensation benefits. In the suit, Brown acknowledged that he was working as an off-duty officer on the day of the accident, but claims that he had the “permission, knowledge and approval of the City of Montgomery Police Department,” and that he was providing service for the “benefit of the department and citizens of Montgomery.”

That same month, the city denied Brown’s workers’ compensation claim, saying that he was working on a private job with the funeral company, and that Brown was not actually on-duty when the accident occurred.

Montgomery County Circuit Judge Tracy McCooey overturned the city’s ruling in March, saying that Brown was entitled to benefits and that a hearing would be scheduled to work out the details. City officials responded by saying that they would fight the ruling.

Now, court documents show that Brown has requested that the lawsuit be dismissed; Judge Tracy McCooey granted the dismissal last Wednesday.

The mayor of Montgomery, Todd Strange, and Brown’s brother announced on Thursday that a settlement had been reached between the two parties.

“Once we got around the table and were able to have free and open discussion, it became clear that workers’ compensation may not have been the best option for David,” Strange said.

Brown will receive retirement benefits instead of workers’ compensation benefits. According Strange, the differences between the two plans are nominal. However, the retirement package will offer more of a benefit to Brown’s family. Brown, his wife, and his daughters will receive health and life insurance through the plan. Additionally, all of Brown’s medical costs relating to the accident will be covered by the city.

Brown is set to officially retire on August 8; he is a 19-year veteran of the Montgomery Police Department.

This motorcycle accident lawsuit illustrates how difficult it can be to successfully litigate a claim. If you have been injured while on the job, or in any accident that was caused by another person’s negligence, it is in your best interest to consult a qualified personal injury attorney as soon as possible. An experienced attorney will reconstruct your case to determine who is at fault and liable for the accident; they will also deal with workers’ compensation and insurance investigators to ensure that you receive the damages that you deserve. Contact an injury lawyer today for a review of your case.

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