Bystanders seriously injured in Elk Grove Police high-speed vehicle pursuit seek damages against city
It is asserted that the Elk Grove Police officers operated their vehicle between 90 and 110 miles per hour during the pursuit.
A Sacramento motorist and his passengers, who were seriously injured in a May 2023 Elk Grove Police high-speed pursuit, have filed a lawsuit against the city of Elk Grove.
The plaintiffs, Pablo Tomas Hernandez, Onelio Tomas Hernandez, and August Tomas Hermandez, were in a vehicle being operated by Pablo Hermandez when it was struck by a car pursued by Elk Grove Police officers Cody Nguyen and Daphne Nakahara. The officers were in pursuit of a vehicle driven by 15-year-old Jose Luis Garcia.
According to the lawsuit filings, the officers pursued Garcia, who reportedly operated a stolen vehicle. As the officers were in pursuit, Mr. Pablo Hernandez turned his vehicle on a green light left from Franklin Boulevard onto Calvine Road when it was hit by Garcia's vehicle.
It is asserted that the Elk Grove Police officers operated their vehicle between 90 and 110 miles per hour during the pursuit. Garica was killed in the collision, and the Elk Grove Police patrol vehicle was not involved in the crash.
Documents associated with the matter assert one of the passengers, Augusto Tomas Hernandez, sustained life-altering injuries. "The impact of this crash was so horrific and shocking, resulting in the total destruction of the involved vehicles and significant, life-threatening injuries to Mr. Agusto [Tomas Hernandez], including severe brain damage that necessitated neurosurgery, ruptured spleen, cervical fractures, lung contusions, acute pneumo4orax, and other bodily injuries."
Claim forms assert, "This high-speed pursuit initiated by Elk Grove Police officers without activated emergency lights or sirens posed a significant risk to public safety. One of those who suffered critically from the glaring negligence of the concerned officers was Mr. Agusto, a mere passenger of his brother and co-claimant Pablo Tomas Hernandez.
"Elk Grove Police Officers' negligent conduct, characterized by recklessness, a lack of due regard for the safety of the public even while carrying out an official duty, and improper training in the conduct of such high-speed chases compliant with the standards of the law, led directly to the said horrendous collision "
Each plaintiff is seeking $50 million in damages. The next hearing on the matter is scheduled for June 17, in Department 53 of the Sacramento Superior Court where the city will seek dismissal of the lawsuit, asserting the plaintiffs' initial claim was not timely. The plaintiffs are represented by Los Angeles-based Farahi Law Firm.
24CV023334 Hernandez, et al. vs City of Elk Grove.
