Update, includes police report information: Car accidents happen, but when you’re the chief of police accused of running a red light that caused a city-issued vehicle to hit another motor vehicle leading to injuries, it generally will cost taxpayers money. Except Police Chief Joe Gaudett and a city staff lawyer assert the chief did not run a red light and the plaintiff was negligent, not the chief, according to court records. No witnesses were available at the scene, according to the police report.
A lawsuit filed two years ago against Gaudett and the city claiming the chief ran a red light Downtown in 2010 has not yet reached a resolution. The complaint was brought by attorney Paul Ganim, who’s also judge of probate, on behalf of two East Main Street residents. Ganim had no comment. OIB has also requested a comment from the city.
According to the complaint, on August 2, 2010, at 10:29 a.m. Roy Padilla-Jimenez was operating a 1999 Mazda Protege on North Frontage Road near Lafayette Boulevard Downtown when Gaudett, operating a city vehicle 2007 Cadillac Escalade, collided with the front end of the plaintiff’s vehicle. Lucy Batista, also a plaintiff in the case, was a passenger. Gaudett at the time of the accident was acting police chief. He was appointed to a five-year term by Mayor Bill Finch in December of 2010.
The complaint accuses Gaudett of negligence, operating the motor vehicle at an unreasonable rate of speed and running a red light.
The complaint asserts the plaintiffs suffered injuries to neck and back incurring “significant medical expenses” and “physical therapy for injuries” and “has been unable to perform activities of daily living.” The accident also caused loss of work and earnings, according to the court complaint.
Ganim had filed notice of intent to sue seven weeks after the accident. Ganim and lawyers for the City Attorney’s Office have gone back and forth in a flurry of recent legal motions, maneuverings and objections, including scheduling a deposition for the chief. Superior Court Judge Barbara Bellis has been reviewing the motions. The judge this week delayed a court date for a few months so the parties could continue talking.
Associate City Attorney Russell Liskov asserts in a court filing, “If the Plaintiff was injured and damaged in the nature and to the extent alleged in his complaint, which the Defendants expressly deny, any such injuries or damages were caused in whole or in part by the negligence of the Plaintiff himself.” Liskov writes the plaintiff “operated his automobile at an unreasonable rate of speed … Such negligence on the Plaintiff’s part caused or contributed to the matters complained of in the Plaintiff’s complaint.”
According to the police report by officer Peter Kemeza (two other officers were also at the scene), Padilla-Jimenez had been transported to the hospital by AMR ambulance. Gaudett “stated he was experiencing some soreness to left side but stated he would seek medical attention from his own physician.” From police report:
Oper. # 1 (Padilla-Jimenez) stated he was exiting from I-95 South Exit 27 going westbound, straight, in the left lane onto North Frontage Rd through a green light when contact occurred with Unit # 2 (Gaudett vehicle). Spoke with Opera # 2 (Gaudett) who stated he was traveling southbound on Layafette Blvd. in center lane going into intersection on a green light when contact occurred with Unit # 1.
Unit # 1 left approximately 45 feet of skid prior to contact.
Unite #2 had swerved to his right in an attempt to avoid contact.
Damage to unit # 1 heavy.
Damage to Unit # 2 moderate.
Unable to determine which operator was in violation.
Traffic signals at location operating properly.
The City Council must approve the financial aspects of a legal settlement. The self-insured city negotiates legal settlements to the tune of hundreds of thousands of dollars and sometimes millions of dollars each year that include personnel, motor vehicle accidents, police misconduct and more. Sometimes, it’s easier and cost-effective to settle a matter at a reasonable rate than risk the odds at a trial.
So what’s a reasonable settlement in lieu of an outrageous financial claim? The chief says he did not cause the accident. Is the plaintiff just searching for a payday?
RIP Joan Rivers. Thank you for your 25 years of feeding the underprivileged and instilling in your grandson the joy of philanthropy without putting a spotlight on your generous contributions of time and money.
Thanks for the laughs and your insults. You were a trailblazer and certainly more interesting than Chief Gaudett’s driving talents or lack thereof.
We are entering a strange period in the evolution of our world. There is chaos everywhere. The comedians who have brought us joy and diversion are passing away and there is now such profound sadness. Robin Williams and now Joan Rivers. We may move forward but the world is a little darker with the lights of these two stars fading to black. RIP.
Steve,
I too am saddened by the passing of those whose life calling was to master such profound understanding of the human condition that they could extract those experiences and present them in such masterful ways that we experienced genuine laughter. We could see the human comedy.
So Steve, it is up to us to dig up the ridiculous, the incongruous, the contrasts in our daily life, that are universally observed and deliver those stories and trust others will see the connections and relieve themselves for a moment of the burdens we carry.
In Bridgeport I believe increasing the laughter by reflecting on the silliness of our condition (whether it’s about my bow tie or other notices issues) may move people from the unconnected dark side to a more neighborly posture where they will go out and vote each time the opportunity occurs. Failing to do so betrays an alienation that supports chaos, rather than a brotherhood and sisterhood that has been the successful model for the American Way. So get creative, auditions are happening. Mix the greasepaint, it’s show business AND IT IS POLITICS TOO. How many will laugh all the way to the polls? Time will tell.
Well, the powers that be pick the collective pocket of the taxpayers, so why shouldn’t everyone share in the spoils?
It’s time to strap this Finchette’s ass to a polygraph machine!
Law enforcement agencies and intelligence agencies in the United States are by far the biggest users of polygraph technology. In the United States alone most federal law enforcement agencies either employ their own polygraph examiners or use the services of examiners employed in other agencies.
The complaint accuses Gaudett of negligence, operating the motor vehicle at an unreasonable rate of speed and running a red light.
Lol.