Man Files Lawsuit Against Police Officer For Causing Car Crash Through Mobile Phone Use
A man has filed a civil lawsuit accusing a Santa Fe police officer of violating the citywide ban on cell phone use while driving, and alleging that she caused an accident as a result of this violation. The lawsuit was filed against the office and the city by an attorney on behalf of James E. Graham, the plaintiff.The lawsuit alleges that officer Gina Ortiz was taking Graham, who she had arrested, to jail, when she received a personal call on her cell phone as she drove. Talking on hand held cell phone calls while driving in the city was banned in 2001. However, the lawsuit alleges that the office violated the ban and took the call, causing her to crash her car.
Both the officer and the City of Santa Fe have been named as defendants. The suit claims that the officer arrested Graham in June 2004, and as she took a personal call on her cell phone while driving with Graham in the car she rear-ended another car. The suit stated that the officer "was taking a personal call on her cell phone contrary to the City of Santa Fe ordinances."
The lawsuit further alleges that the plaintiff "was thrown into the barrier between the front and back seat violently striking his knees and head."
Topic Added November 10th, 2005
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