In the early morning hours of Feb. 8, 2021, the plaintiff was operating his vehicle in the Southbound lanes of West Chicago Blvd., in Detroit, when Officer Teaira Funderburg ran through the red light at the intersection of West Chicago and the I-96 Service drive, causing a fatal collision with the plaintiff decedent’s vehicle.
According to black box data, Funderburg was traveling at a high rate of speed and failed to apply her breaks at impact. The decendent, however, was not wearing a seat belt.
Plaintiff withdrew all economic damage claims and proceeded on a theory of loss of society and companionship. This cased marked the first time in history a police officer was criminally prosecuted while operating a police vehicle with lights and sirens on in an emergency situation.
Plaintiff’s counsel used the motor vehicle statue to overcome Robinson v. City of Detroit and a governmental immunity defense.
The key to winning was vigorous discovery. Plaintiff’s counsel deposed over 30 police witnesses, filed and successfully argued more than 25 motions. Discovery revealed that the defendant had previous discipline for marijuana use, numerous driving infractions, several on-the-job preventable accidents and failing to pass the emergency driving test while in the academy.
Arnold E. Reed, counsel for the plaintiff, provided case information.
Type of action: Police misconduct
Injuries alleged: Occipital joint dislocation
Name of case: Melissa Connelly, as Personal Representative of the Estate of Clifford Woodards II v. Teaira Iris jointly and severally
Court/Case no./Date: Wayne County Circuit Court; 22-003624-NI; 10/06/2023
Name of judge: Hon. Leslie Kim Smith
Settlement amount: $5,000,000
Insurance carrier: City of Detroit
Attorneys for plaintiff: Arnold E. Reed and Harolyn D. Beverly, Southfield
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