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Former Malibu Resident Settles Lawsuit With L. A.

January 14, 1988|DEAN MURPHY | Times Staff Writer

A former Malibu resident who was seriously injured in 1985 when his car was struck by a police car chasing a traffic violator has settled a lawsuit against the City of Los Angeles for $225,000.

The City Council's Finance and Revenue Committee approved the settlement on Tuesday after the city attorney's office reported that a Santa Monica Superior Court judge predicted in a settlement conference that a jury would award the man more than $1 million if the case went to trial. The settlement also must be approved by the City Council.

The man, Michael Miller, who was 27 when the accident occurred, was seriously injured in a three-car smashup in the 15100 block of Pacific Coast Highway in Pacific Palisades.

Miller's Ford Mustang was struck by a Los Angeles Police car when Officer Paul Kenary swerved his vehicle to avoid colliding with another car. The Mustang was stopped at a parking lot exit waiting for traffic to clear on the highway.

Kenary was traveling north on Pacific Coast Highway at a speed of 70 m.p.h., chasing a speeding Toyota that he clocked at 60 m.p.h. in the 45-m.p.h. zone. A city report said Kenary and his passenger, Officer Leonard Clark, were about to activate their emergency red lights and siren when a car turned in front of them, forcing them to swerve and collide with Miller's car and a parked car.

Both the driver of the speeding car and the vehicle that turned in front of the police car left the scene and were never found, the city report said.

Miller received multiple injuries to his head, liver, spleen, left lung, right arm, left leg and pelvis. The city report said Miller complains of difficulty in walking.

Miller's attorney said his client has enjoyed "a good recovery" and now lives with his mother in the San Diego area.

Derek Quinton Bryson, a passenger in Miller's car who also was injured in the accident, settled a lawsuit against the city last month. City records show that he received $21,250.

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