Cop claims driver failed to yield to his cruiser

Kelly Holleran Mar. 23, 2010, 3:15am

A policeman has filed suit against the driver who he says failed to yield to his cruiser, which displayed flashing lights and a blaring siren, as the officer drove through an intersection.

Herbert Harris claims he was driving a police cruiser south on Pocket Road in St. Clair County and responding to a police call with his lights and siren activated on Dec. 9, 2008. According to the complaint filed March 8 in St. Clair County Circuit Court, defendant Jared Fischer, who was driving east on State Highway 15, failed to yield to Harris at an intersection and crashed into him. In turn, Harris collided with a third vehicle that was stopped on Pocket Road, the suit states.

Because of the collision, Harris suffered injuries to his back and neck; experienced head and nerve tingling and numbness in his left hand, pain and discomfort and a diminished ability to enjoy life; and incurred medical costs, the complaint says.

Harris blames Fischer for causing the accident, saying he drove too fast, allowed his vehicle to collide with Harris', failed to keep a proper lookout, failed to yield the right-of-way to an emergency vehicle and failed to stop or swerve when he knew a collision to be likely.

In his two-count complaint, Harris is seeking a judgment of more than $100,000, plus costs and other relief the court deems just.

He will be represented by Scott L. Kolker of Kolker and Germeroth in Clayton.

St. Clair County Circuit Court case number: 10-L-102.

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