Date: Mon 21-Apr-1997

Publication: Bee

Author: ANDYG

Quick Words:

police-lawsuit-McDonnold

Full Text:

Police Officer Sued Over Cruiser Collision

B Y A NDREW G OROSKO

A local woman is suing a policeman and the town over an August 1996 accident

in which the policeman drove into her automobile.

When the collision occurred, the police officer was responding to an accident

about a half mile away.

Through the lawsuit filed April 7 in Danbury Superior Court, Kimberley W.

McDonnold, 39, of 2 Diamond Drive, seeks monetary damages, costs, interest,

and other relief exceeding $15,000.

Attorney Francis G. Pennarola of Chipman, Mazzucco, Land, and Pennarola, LLC,

of Danbury, represents Ms McDonnold in the case.

According to the lawsuit, on August 8, 1996, at approximately 11:11 am, Ms

McDonnold was driving her 1989 Toyota Camry westbound on Glover Avenue near

its intersection with South Main Street. As she approached the intersection,

the traffic light was green in her direction and she proceeded into the

intersection, where she was struck by the police cruiser driven northbound by

police officer Douglas J. Wisentaner, according to the lawsuit. Officer

Wisentaner is listed as a defendant in the suit.

The collision caused severe damage to the Camry, pushing it forward violently,

the suit states. The lawsuit alleges the collision happened because Wisentaner

was negligent and careless.

The lawsuit alleges that Wisentaner: failed to stop or slow the patrol car as

he entered the intersection against the red light to the extent necessary for

the safe operation of the patrol car in violation of state law; he violated

posted speed limits; he was inattentive and failed to keep a proper lookout;

he drove faster than circumstances warranted; he drove the police car with

defective or inadequate brakes or failed to apply the brakes in time to avoid

a collision; he failed to keep and operate his vehicle under proper control;

and he violated state traffic laws by failing to grant the right-of-way to Ms

McDonnold.

According to the lawsuit filed on behalf of Ms McDonnold, she was thrown about

inside the Camry, resulting in a traumatic brain injury, a concussion, memory

loss and other cognitive deficits. The suit alleges Ms McDonnold received an

acute cervical sprain/strain, left arm injuries, abrasions and a damaged

tooth.

Also, she received a severe shock to her nervous system, and has suffered and

will suffer from nervousness, the suit alleges. Also, the plaintiff will

suffer great pain, mental anguish, and the effects of her injuries, some of

which likely will be permanent, it alleges.

Ms McDonnold has incurred and will incur expenses for hospitalization, medical

care and attention, chiropractic care, neuro-psychological care, physical

therapy, psychotherapy, speech therapy, medicine, X-rays, and a CAT scan,

according to the suit. Ms McDonnold has been and will be unable to perform her

household and occupational duties as she had before the accident, it states.

The accident has caused her lost wages and a decreased earning capacity,

according to the lawsuit.

Police Probe

According to a police investigation into the accident, Wisentaner, 29, was

driving a 1996 Ford Crown Victoria police car with its emergency lights and

siren on. Wisentaner was planning to drive straight across the intersection to

get to an accident on Church Hill Road, police said.

At the time, Ms McDonnold was planning to go straight across the intersection

to Sugar Street on a green traffic light, police said.

The police car, which had a red traffic light, hit the Toyota in the middle of

the intersection, causing both cars to spin out to the western edge of the

intersection, according to police.

Neither driver had any visible injuries, but both were transported to Danbury

Hospital to be checked, police said. The Newtown Volunteer Ambulance Corps

went to the accident scene.

After investigating the accident, Lieutenant David Lydem, head of the police

department's field services unit, issued Wisentaner a written warning stating

he failed to slow or stop an emergency vehicle, which was displaying its

emergency lights and sounding its siren, when going through a red traffic

light.

Lt Lydem issued Ms McDonnold a written warning stating she failed to grant the

right of way to an emergency vehicle.

The town is scheduled to answer the allegations made in the lawsuit April 29

in Danbury Superior Court.