Second complaint launched in police vehicle crash

Lockport Union-Sun & Journal (NY)

Sept. 29--The driver of the vehicle involved in the Jan. 13 accident with a city police cruiser is suing the Lockport Police Department, the city and the officer involved in the accident.

In the complaint filed in Niagara County Supreme Court on Sept. 21, Nicole Jordan, the driver of the vehicle, claims that she has suffered significant damages as a result of the accident.

"As a result of the negligence, recklessness and carelessness of the defendants, Plaintiff was injured externally, internally and permanently in and about the head, body, limbs and nervous system so that she became and will continue to be disabled and will continue to suffer pain, discomfort, disfigurement, distress and psychological adjustment," the complaint alleges.

The complaint also alleges that she has had to incur expenses for surgeons, physicians, hospitals and will continue to have to pay for those in the future. Also, it says the accident has "incapacitated" her from her education pursuits, profession and or employment currently and in the future.

Corporation Counsel John Ottaviano declined to answer questions on the lawsuit because it has been forwarded to the city's insurance provider for them to chose an attorney to represent the city in the lawsuit.

The first complaint was filed in Niagara County Supreme Court on Sept. 11 by Dawn Johnson, the passenger in the vehicle. She claimed that she suffered injuries in the two-vehicle crash at High and S. Transit streets.

According to the accident report, LPD officer Daniel Kaufman passed through a red light at the intersection at about 9:45 p.m. while pursuing a motorist southbound on S. Transit Street over a vehicle and traffic law violation. Kaufman had activated his emergency lights but not his siren while in pursuit, said former Chief Mike Niethe.

When initiating a traffic stop, officers are instructed to activate their emergency lights but use of the siren is at each officer's discretion, according to Niethe.

Kaufman ended up striking the vehicle operated by Nicole Jordan, heading westbound on High Street.

She reportedly suffered neck and shoulder injuries in the crash.

First responders had to use the Jaws of Life to extricate Jordan, Johnson and the other passenger, and Johnson and the other passenger were subsequently hospitalized for their injuries, according to the report.

The lawsuit does not specify the extent of Johnson's injuries, other than stating it meets the threshold for a "serious injury" under state insurance law.

Kaufman was not injured. The police cruiser, identified as Car 28, was totaled, resulting in a $28,000 payment from LPD's insurer, Evans Agency, according to Niethe.

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