State will pay $4.45M to man hurt in chase State of Nebraska to pay $4.45 million to Kearney man injured in police chase

LINCOLN - Nebraska is slated to pay $4.45 million to a Kearney man who sustained lasting injuries as a result of a 2017 police chase.

The Nebraska Legislature's Business and Labor Committee is working on an amendment to fund the recent settlement, adding it to a routine bill that pays for other claims that have been settled by the Attorney General's Office. The amendment includes $4.45 million for Miles Margritz and his wife, Christy.

In addition, the state would pay a combined $3 million to two life insurance companies connected to the case. The state previously paid $50,000 as part of this case, bringing the total settlement to $7.5 million.

According to a legal complaint filed in 2020, Nebraska State Patrol officers on Dec. 20, 2017, were pursuing Jose Ortiz, who was fleeing in a stolen vehicle. Ortiz then collided with Margritz in the intersection of Old Potash Highway and U.S. Highway 281 in Grand Island. According to a Lincoln Journal Star report, Ortiz was driving over 140 mph.

Ortiz died in the collision. Margritz, who was obeying traffic laws, was seriously and permanently injured in the crash, including both external and internal injuries. A state trooper who was one of the first on the scene said he thought Margritz was "hit so hard, there's just no way he could survive."

He did survive. But the original complaint alleged that Margritz incurred over $648,000 in medical bills as of late 2020, and lost at least $54,000 in wages. Christy Margritz served as his caregiver through his long recovery, along with caring for their two young children.

Under state statute, Nebraska is liable for injuries to innocent third parties caused by state law enforcement during vehicular pursuit. The complaint alleged that the patrol officers were negligent and acted against their own policies and state law by not de-escalating or stopping their pursuit of Ortiz to prevent the danger that Ortiz was creating while he fled.

"The NSP officers and employees of the state knew or should have known that their active pursuit would have and did have an effect on the actions of Ortiz which resulted in the collision with Miles," the complaint reads.

Assistant Attorney General Phoebe Lurz said the state has insurance that should cover a majority of the cost of the settlement. Once the Legislature approves the $7.45 million appropriated through the amendment, she said the state should be reimbursed over $4 million, meaning the state's net payment for the incident would be about $3.1 million.

ebamer@owh.com Twitter @ErinBamer