A Gainesville man has filed a civil action against the city of Gainesville related to injuries sustained in a crash involving a Gainesville Police officer.
Jerry Nicholson filed the lawsuit with attorney Kyle Moore on Dec. 9 relating to a crash on Jan. 10, 2014. The city filed its most recent response in February.
The suit claims an officer drove in a patrol car without emergency lights and sirens and “failed to exercise ordinary care to act reasonably while operating (the) motor vehicle, when (the officer) lost control of (the) vehicle and collided” with Nicholson.
Multiple attempts to reach the city’s attorney Sun Choy for comment were unsuccessful
According to a letter sent to the city by then-counsel Steven Leibel, the crash occurred near the intersection of Ga. 369 and Ga. 11.
Nicholson had turned on to Ga. 369 and was traveling in the left westbound lane. The letter then claims the officer was a few cars back and lost control when making the same turn.
“The patrol car then traveled into the left, westbound lane of Ga. 369 and struck Mr. Nicholson’s 2007 Chevrolet Avalanche in the right side with the left front corner of the city-owned car,” according to the letter.
Nicholson suffered damage to his car and also “injured his back at the sight of a prior fusion” among other injuries, according to the letter.
Moore declined to comment.
The city denied the allegations in its first response to the complaint, according to court records.
“Any injuries or damages sustained by (Nicholson) were the sole, direct, and proximate result of the conduct of others, including but not limited to the plaintiff, and no alleged act or omission by the defendant in any way caused or contributed to the incident described in the complaint,” according to the city’s response filed Jan. 12.
The suit seeks damages by a jury trial.