Date: 04-17-2000

Case Style: Barbara Bush v. City of Pheonix

Case Number: CV98-14516

Judge: Michael J. O'Melia

Court: Superior Court, Maricopa County, Arizona

Plaintiff's Attorney: Jennifer R. Barnes, Phoenix, Arizona

Defendant's Attorney: Kathleen L. Wieneke of Jones, Skelton & Hochuli, Phoenix, Arizona

Description: Plaintiff filed suit against the City of Phoenix for false arrest, false imprisonment and failure to render medical treatment after she was arrested for driving while intoxicated when she was suffering a stroke. Plaintiff was involved in a collision in which she rear-ended a vehicle. After the accident, Plaintiff attempted to leave the scene. She exhibited signs of driving while impaired at the accident scene. Her speech was slurred, she failed a field sobriety test and had trouble with her balance. An examination by the paramedics called to the scene did not reveal that Plaintiff was suffering from a medical condition. Plaintiff was arrested and transported to the station whereupon a drug evaluation examination was conducted. Plaintiff was evaluated for the existence of drugs within her system. Plaintiff showed no signs of her physical condition improving, so the arresting officer called the paramedics to take another look at Plaintiff. The paramedics performed a second evaluation of Plaintiff, and they noticed nothing unusual. Plaintiff was asked if she wanted to be transported to her hospital or a doctor, and she refused. After she was released from custody, the arresting officer transported Plaintiff to her home. Defendant argued that it had valid, legal probable cause to detain and arrest Plaintiff for driving while impaired. Defendant further argued that it acted appropriately in having two separate paramedics evaluate Plaintiff, and in offering Plaintiff transportation to her doctor and/or hospital. Defendant further contended that it was within the standard of care after releasing Plaintiff from custody by transporting her home.

Outcome: Defendant's verdict.

Plaintiff's Experts: Dr. Barry Hendin, certified Neurologist; Donald P. Van Blaricom, Police Practice and Procedure Expert.

Defendant's Experts: Police Officer Ronald McCarthy, Police Practice and Procedure Expert.

Comments: Plaintiff demanded $250,000 in her Notice of Claim, Defendant offered zero. It was a five (5) day trial, the jury was out for 1 ½ hours and found for the Defendant City of Phoenix unanimously.