LA defends officer's actions in lawsuit over high-speed collision

A trial has begun over a June 2024 crash that left two brothers with serious, lasting injuries. Their attorney says an LAPD officer was driving dangerously fast and caused the collision, while the city argues the officer was responding to a street racer and should not be held liable.

"The evidence is going to show that an on-duty LAPD officer was excessively speeding, was driving too fast, caused a big crash and caused life threatening and lifelong injuries to two people," Robert S. Glassman of Panish Shea Ravipudi LLP in Los Angeles told the jury on behalf of plaintiffs Stephen and Richard Paper.

In response, Justin H. Sanders of Sanders Roberts LLP in Los Angeles, who represents the city, said the crash was a tragic accident that occurred while Officer Jason Stevenson was in pursuit of a street racing suspect.

"It is undisputed that on the day of this accident, Officer Stevenson was trying to protect the public on a street that is known for speeding," Sanders said.

The complaint claimed that an LAPD investigation determined that the collision was caused by Stevenson's unsafe speed. Paper et al. v. City of Los Angeles et al., 24VECV03899 (L.A. Super. Ct., filed Aug. 15, 2024).

Robert Glassman

The city and Stevenson have since denied culpability for the crash, with the officer invoking the 5th Amendment over 60 times during a deposition, according to a plaintiff motion to compel discovery responses.

In a response to form interrogatories served on the plaintiffs in April, the city claimed that Stevenson's pursuit of a suspect makes him immune from liability under California Vehicle Code Section.

According to the plaintiffs' motion, the officer was heard to remark at the scene, "I didn't activate the lights. I wasn't even in pursuit."

Attorneys for the plaintiffs have previously criticized the defense for delays and hardline stances, pointing to a proposed bill called the Saving Local Government - Public Entity Liability Budget Bill.

The proposed bill would add sections to the Government Code and Business and Professions Code governing public liability for noneconomic harms and limiting contingency fees attorneys can collect from malpractice cases. It would also expand the cap on noneconomic damages at the greater of three times the quantifiable losses or $1 million and place a stricter standard of review on determining noneconomic damages among other limits.

The city attorney's office declined in May to comment on the litigation or strategy and has not made any announcement regarding the putative bill.

Los Angeles, like other municipalities, is facing budgetary constraints related to a persistent housing crisis and mounting settlements for decades of sexual abuse claims, in addition to costs related to the devastating Pacific Palisades and Eaton wildfires and infrastructure projects ahead of the rapidly approaching 2028 Olympics.

In his opening statement, Glassman said the plaintiffs will need medical treatment for the rest of their lives and the injuries impaired their ability to pursue hobbies. Glassman said that Stephen Paper was an avid tennis player and writer, while Richard Paper was an athletics, cooking and meditation enthusiast - all pastimes Glassman said they're no longer able to fully enjoy.

"These are guys who, after all these years of living, had to relearn how to do basic things: walk, sit on a toilet, get out of bed, go to the bathroom. All these things that we take for granted every day, they have to relearn how to do these things," he said.

Sanders, however, argued that Stephen Paper didn't exercise due caution when performing an unprotected left turn, that some injuries of the brothers, who were 74 and 76 at the time of the crash, were preexisting, and that both defendants have become fully self-sufficient since the crash.

"Stephen Paper as a driver was at least 50% at fault in this accident. The number is for you to decide," he told the jury. "You'll find that both brothers were injured, they have injuries that could last, some have healed, but they're taking care of themselves now, and they're going to walk into this courtroom and answer our questions with no hesitation and without any problems, and let the chips fall where they may."