Louisville Court Rules New Trial in $30.7M Police Pursuit Case

A high-speed police pursuit in downtown Louisville began after an officer attempted to stop a driver for a minor traffic violation. The driver fled, reaching speeds of 108 mph and running a red light at 95 mph. The fleeing vehicle struck a pickup truck, injuring two occupants, and then collided with a moped, fatally injuring its 22-year-old driver. A friend of the moped driver, also on a moped, suffered emotional distress. The estate of the deceased moped driver, the friend, and the two injured pickup occupants subsequently filed a lawsuit against the Louisville Metro Police Department (LMPD).

The plaintiffs alleged negligent police pursuit, arguing the chase was initiated for a minor traffic violation and violated city policy. LMPD defended its officer's actions, stating the pursuit was short and conducted with due regard. The defense also argued the fleeing driver was the primary cause of the accident, presenting evidence of his character to explain his flight. After a three-week trial concluding in December 2023, a jury assigned 97% of the fault to the fleeing driver and 3% to the police officer. Total damages of $30,740,968 were awarded but reduced by comparative fault to $922,220.

Following the verdict, the plaintiffs moved for a partial retrial on liability, arguing that the defense's focus on the fleeing driver's character had inflamed the jury and led to a disproportionate apportionment of fault. The defendant opposed, asserting the driver's character was relevant to explaining his flight. In July 2024, the court ordered a new trial, but only on the apportionment of fault. The court concluded it had committed a "cumulative error" by admitting "tenuously" relevant evidence regarding the fleeing driver's character. While the original damages of $30,740,968 remain resolved, the new trial will determine only the fault split between the fleeing driver and the police department. A new trial date has not yet been set.