Jerry Gaston, et al. v. City of Springfield, Illinois, et al.

Jerry Gaston and others sued the City of Springfield, Illinois, for the injuries and damages they sustained when the car in which they were passengers was hit at 11th and Spruce streets on May 2, 2002 by a car being driven by Derek Brown which was being chased by Springfield Illinois police officers Chris Stout and April Smiddy. The officers were chasing Brown but they did not turn on their squad car's lights or siren at the beginning of the pursuit. Gaston was left a quadriplegic. Orrin Holman, the driver of the car in which Gaston was a passenger suffered hip, leg and back injuries. Casey M. Joy, a passenger in a third car, was also injured but less seriously. Gaston claimed that the cost of caring for him for the rest of his life would be between $4.7 and $10.3 million.

The City of Springfield denied that its officers acted inappropriately in the discharge of their duties. Brown did not defend. Stout and Smiddy were patrolling a high crime area when they saw a 1993 Dodge Spirit go through a red light and commit other driving violations.

The Springfield police department had a policy which was in effect at the time of the crash ("OPS-03") that absolutely prohibited police pursuits for any type of traffic offense, property crime, or any other type of crime except a forcible felony. The defendants admitted the car they were chasing was not suspected of anything other than traffic offenses. There is also a state law which requires that the oscillating lights on a police vehicle must be illuminated when attempting any traffic stop. Another state law required that the police vehicle siren be sounded when necessary to warn other motorists of impending danger. Four witnesses testified no siren was heard and the police dispatch tape made at the time of the incident did not have any siren in the background while the police transmitted they: "were trying to catch up to a vehicle". Another state law required that police vehicles must obey the same traffic laws as everyone else except when (1) on an emergency call, (2) going to a fire, and (3) when in the pursuit of an actual or suspected violator of the law. Defendants admitted they were not on an emergency call or going to a fire alarm but did admit to closing the gap on the speeding traffic violator and going through a red light and stop signs during the chase, although denied the nine block chase was a pursuit.

Orrin Holman $75,000.00 against Derek Brown only

Casey Joy $6,500.00 against Derek Brown only

Verdict of $24,473,285.00 is the largest jury verdict in the history of Sangamon County Circuit Court. Former record of $24,300,000 set in 1999 was also obtained by Bruce A. Beeman, one of the attorneys for the plaintiff