Ernestine L. James as personal representative of the Estate of Mary Ann Leverson, deceased, and her surviving children v. Miami-Dade County Police Department and Interamerican Car Rental Inc.
CASE NO. 01-11916 CA 01
Defendant’s Attorney: MICHAEL P. RUDD and PETER A. DIAMOND

On July 10, 2000, plaintiff's decedent Mary Ann Leverson, a cashier in her 30s, was driving through the intersection of NW 54th Street and 19th Street when her car was T-boned by a man in a car fleeing two Miami-Dade Police narcotics detectives in an unmarked car. She was rushed to an emergency room, where she died.

On behalf of her estate, Representative Ernestine James and Leverson's children, sued the Miami Dade Police Department for the negligence of its officers. They also sued Interamerican Car Rental, based in Miami, which rented the unmarked car to police, on a theory of vicarious liability.

They contended that the detectives violated department procedure by using an unmarked car for an attempted traffic stop, engaged in high speed and improperly initiated a pursuit over a 10-block distance. They argued that the officers should have abandoned the pursuit and called for backup. They also argued that it was raining that night and they shouldn't have pursued in such a dangerous condition. A Miami-Dade homicide investigator testified that the officers did violate some procedures.

The defense argued that the officers, who were doing surveillance work and spotted the suspect buying drugs, didn't violate any department procedures. It claimed that the officers followed the suspect's car and then turned on their blue lights. When the suspect sped away, the officers claimed they turned off the blue lights and continued to follow at a normal speed, such that there never was a pursuit, and therefore there was no violation of pursuit procedures. It claimed that the whole incident lasted only three blocks long and it wasn't raining at the time of the accident. The defense maintained that the homicide investigator in his report noted that there wasn't a pursuit and the officers didn't violate any procedures. That defense contended that the suspect was solely responsible for the accident.

Jury Demand: Plaintiff’s asked for $6,000,000

Defense Verdict: The jury found that the two officers were not negligent.