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MRR Attorneys named to 2019 Best Lawyers in America® list

Mazanec, Raskin & Ryder Co., LPA (MRR) is pleased to announce that seven attorneys have been named to the 2019 Edition of Best Lawyers®, the oldest and most respected peer-reviewed publication in the legal profession. Lawyers on The Best Lawyers in America© list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise.

MRR would like to congratulate the following attorneys named to the 2019 Edition of The Best Lawyers in America© list:

Todd M. Raskin (Cleveland), Civil Rights Law

John T. McLandrich (Cleveland), Civil Rights Law

Thomas S. Mazanec (Cleveland), Product Liability Litigation – Defendants

Joseph F. Nicholas, Jr. (Cleveland), Transportation Law

George V. Pilat (Cleveland), Insurance Law

Elisabeth “Lisa” Gentile (Columbus), Medical Malpractice – Defendants

Stacy V. Pollock (Columbus), Education Law

 

About Best Lawyers®

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Over 79,000 leading attorneys globally are eligible to vote, and we have received more than 12 million votes to date on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2016 Edition of The Best Lawyers in America©, 6.7 million votes were analyzed, which resulted in more than 55,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.” For more information, visit bestlawyers.com.

Court Finds Troopers’ Pursuit of Fleeing Suspect is not the Proximate Cause of Deputy’s Death

Kentucky’s Court of Appeals recently examined a case involving liability for damages arising out of the pursuit of a fleeing suspect. In Pursifull v. Abner, 2015-CA-000879-MR, 2016 WL 5335515 (Ky. Ct. App. Sept. 23, 2016), a sheriff’s deputy was killed when an individual being pursued by two Kentucky State Police troopers crashed his vehicle into the deputy’s cruiser. The victim’s family sued the troopers, claiming the deputy’s death was the result of the troopers’ negligent pursuit.

The trial court entered summary judgment in favor of the troopers because it found causation could not be proven. Relying on Chambers v. Ideal Pure Milk Co., 245 S.W.2d 589 (Ky.1952), the trial court determined the criminal’s conduct – not the conduct of the pursuing troopers – was the proximate cause of the fatal accident.

The Court of Appeals agreed that “police cannot be made the insurers of the conduct of the culprits they chase,” and noted that “[w]hile the officer’s pursuit did cause the suspect to speed, the officers were not liable for the suspect’s negligent speed.” Pursifull at *4. The Court found support for its ruling by virtue of the fact that the criminal subsequently pled guilty to the murder of the deputy under a statute requiring a mental state “substantially more severe than mere negligent conduct.” Finally, in a nuanced observation, the Court noted the troopers were not arguing the criminal’s conduct was a superseding cause of the harm, but instead only that their actions were not the proximate or legal cause of the deputy’s death.

The Pursifull opinion is significant for at least two reasons. First, it provides an insightful analysis of proximate cause vs. cause-in-fact in the context of a police pursuit. Second, it establishes that summary judgment is still available in cases featuring substantially similar facts. For any questions about Pursifull v. Abner and/or pursuit of a fleeing suspect related issues, please contact the attorneys at Mazanec, Raskin & Ryder Co., L.P.A.


Casey C. Stansbury
859.899.8514
cstansbury@mrrlaw.com

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