A police officer who broke his leg while chasing a man caught urinating on someone else’s property may pursue personal injury claims against the man who fled, the state Superior Court has ruled.
The court, in a 2-1 vote, held that the fleeing man’s decision to run from the officer “in the middle of the night and through a poorly lit area of uneven terrain” could substantiate the claims. The majority further held that 18 Pa. C.S.A. Section 5104, which makes it a second-degree misdemeanor to resist arrest in a way that creates a substantial risk of injury, is aimed at protecting public servants in particular, and, therefore, violation of the statute can substantiate the claims.
