Bystanders injured as a result of high-speed police chases have another Pennsylvania decision to cite in favor of setting aside governmental immunity in tort claims against police departments following a recent Commonwealth Court decision — even if it isn't the police car that hits them.
A unanimous three-judge panel has ruled that the estate of a Pennsylvania man who died from injuries sustained as a result of a Harrisburg police chase could advance his claim that a Harrisburg police officer negligently operated his cruiser in pursuit of the suspect who ultimately collided with him. The estate of Akeem L. Cornelius may also develop claims that the Harrisburg Police Bureau was negligent in failing to train and supervise the officer involved, the court ruled, affirming a Dauphin County judge who overruled the police defendants' preliminary objections. That order was amended to allow for an interlocutory appeal, according to the Commonwealth Court's opinion.
