Second lawsuit filed in Miami Beach police ATV accident

A second person injured in a motor vehicle accident after a Miami Beach police officer in an ATV ran him over has filed a lawsuit against both the former officer and the city, according to a story by the Miami Herald.

The man, who fractured his leg in the summer accident last year, says that he has suffered disability, disfigurement, mental anguish and a loss of earnings, according to a complaint that he filed with Miami-Dade Circuit Court.

The man’s friend, who was also injured in the motor vehicle accident, has already filed a lawsuit against the city and a South Beach hotel involved in the incident.

According to the story in the Herald, the officer had taken a bachelorette for a ride on his department-issued ATV after meeting her and two friends at a South Beach hotel. The officer rode south in the dark, only occasionally turning on his headlights when pedestrians were near. After the officer turned back north, he hit the two victims, who were enjoying the beach at the time. The ATV’s headlights were not on at the time, according to the story.

One victim of the motor vehicle accident broke her femur bone. She also had to have her spleen removed. The other victim suffered a fractured leg and has had one operation already, according to the story.

Miami Beach fired the officer and a second police officer who also posed for a photo with the celebrating bachelorette and her friends. The city also demoted several supervisors on duty the night of the accident.

The police officer who was driving the ATV is awaiting trial on charges of DUI and reckless driving with serious bodily injury.

Source: The Miami Herald, “2nd lawsuit filed by victim run over by Beach officer’s ATV,” David Ovalle, April 6, 2012