Pogosyan vs. SCRTD

CASE SYNOPSIS

A jury awarded a 45-year-old student, Lusik Pogosyan, gross damages amounting to $22 million after he was struck by a pursued vehicle during a 1991 police chase.  The Southern California Rapid Transit District (SCRTD) was ordered to pay damages as a result of negligence exhibited during the police chase.  Brian Panish of Panish Shea & Boyle LLP represented Pogosyan, who had to undergo an above-knee amputation and sustained massive internal injuries as a result of the crash.

After a minor traffic accident involving a parked car took place on December 16, 1991, the defendant driver fled pursuing police cruisers, reportedly traveling at speeds in excess of 50 mph.  Although the defense argued that police cruisers were not in pursuit, the jury believed otherwise, particularly after a police captain testified that the department’s pursuit policy was deficient at the time of the incident, with no lax guidelines allowing officers to engage in a high speed chase.  As a result of the incident, Ms. Pogosyan had to have her left leg amputated, suffered a fractured pelvis, and sustained multiple fractures in her right leg.

The pedestrian accident left Ms. Pogosyan wheelchair bound.  Representing the largest verdict against MTA in California history, the damages were reduced to $13 million by apportionment.