Trial Magazine

As Leo Torpey, 83, was turning onto a roadway from a private driveway, Mark Harrison, a Genesee County Sheriff’s deputy on his way to provide backup to a case of possible breaking and entering, collided with Torpey’s vehicle.

Torpey suffered a lacerated spleen, necessitating emergency surgery; lumbar spinal fractures; a bruised colon; and a lacerated liver. He also suffered memory problems and required treatment in a hospital intensive care unit, inpatient rehabilitation, and outpatient therapies until his death less than two years later.

Torpey’s estate sued Harrison and Genesee County, alleging that Harrison had negligently operated his vehicle by traveling more than 30 mph over the 35-mph speed limit and failing to activate his police lights or siren. Suit did not claim lost income.

The defense argued that Torpey had pulled out in front of Harrison.

The jury awarded $1.2 million, finding Torpey 10% at fault. The parties later settled for $1.25 million.

Citation: Torpey v. Harrison, No. 15-104952 NI (Mich. Cir. Ct. Genesee Cty. Mar. 2020).

Plaintiff counsel: AAJ member Robert Giroux and Christian Collis, both of Southfield, Mich.

Plaintiff experts: John Wiechel, accident reconstruction, Columbus, Ohio; Lisa Horn, nursing, Novi, Mich.; and Carlo Adams, physical medicine, Kirk Stucky, neuropsychology, Frazer Wadenstorer, pulmonology, and Michael Kia, general surgery, all of Flint, Mich.

Defense expert: Weldon Greiger, accident reconstruction, Howell, Mich.