Hilbert lawsuit finished (02/20/08)

A lawsuit contending that two Portland police officers violated pursuit policy - allegedly resulting in the death of a Portland man - has been thrown out by a special judge.

Randolph County Judge Jay Toney, acting as special judge, ruled that two city officers did not cause the death of Brandon S. Hilbert, Portland. Judge Toney determined that Hilbert's own actions during the pursuit caused his death.

The civil suit was filed in Jay Circuit Court in 2004.

The case of Floyd Steen, personal representative of the estate of Hilbert (deceased) vs. Robert Myers, Brad Ridenour and the city of Portland was dismissed by Toney, following a motion for summary judgment. The case also has been heard in U.S. District Court and the U.S. Court of Appeals.

Tom Hastings, the attorney representing the Hilbert estate, said this morning that he has e-mailed a copy of the court order to his clients and will discuss with them whether or not they plan to appeal. They have up to 30 days from the date the court order was entered to appeal said Hastings.

Jim Stephenson, the Indianapolis attorney representing the plaintiffs, also declined to comment on the dismissal. Stephenson said he could not discuss the matter until he sees the court order and discusses it with his clients.

Portland Mayor Bruce Hosier, who took office in January 2004, less than six months after the chase and resulting death, said Tuesday afternoon, "I think the court action speaks for itself."

The accident occurred July 18, 2003, on Ind. 26, west of Portland. The Hilbert estate contended that Portland police officers Myers and Ridenour violated the city's pursuit policy when they pursued Hilbert at high speeds.

He crashed the motorcycle he was driving at the curve on Ind. 26 at county road 800 East. Hilbert, 20, was killed and his passenger, Robyn A. Philebaum, then 19, Portland, was seriously injured.

She and her family filed a separate civil tort case against the city, Myers and Ridenour in 2004. Her suit was dismissed Nov. 13 in Jay Circuit Court, after she and her parents and the plaintiffs agreed that the lawsuit should be dismissed.

In his ruling, Judge Jay Toney states, "In this cause, Myers' actions in pursuing Hilbert do not comprise the proximate cause of Hilbert's ultimate death. Rather, Hilbert's own conduct in operating a motorcycle, with a passenger, at extremely high speeds, was clearly the act that caused his death.

"This court previously found that Hilbert's actions constituted contributory negligence and assumption of risk. As these actions were the proximate cause of Hilbert's injuries, plaintiff's claims are barred."

The Hilbert estate contended that during the pursuit, which reached speeds of 130 mph, Myers struck the motorcycle with his patrol car, causing the motorcycle to crash. The plaintiffs claimed that after the accident, Myers had the bumper of the car repainted to cover up any evidence that it had struck the motorcycle.

Ridenour was driving behind Myers during the pursuit. Both he and Myers have since left the police department to pursue other employment.

At the time of the accident, the city's pursuit policy stated, " ... the pursuing officer must terminate any pursuit when the risk of injury or damage to any person resulting from continuation of the pursuit becomes greater than the risk of injury or damage to any person or damage to any property that would result from complete escape of the suspect."

Police were attempting to stop Hilbert after they allegedly determined that his driver's license was suspended and he did not have a motorcycle endorsement.

After the case was filed in Jay Circuit Court in April 2004, it was moved to the U.S. District Court for the Northern District in May of 2004. In February 2006, a district court judge ruled that Ridenour and Myers did not violate Hilbert's civil rights. The U.S. Court of Appeals upheld that decision.[[In-content Ad]]