Wageling announced about five months after the crash that no criminal charges would be pressed against any of the drivers involved. She also found that Hoffman had been drinking prior to the crash, but wasn't drunk and some witnesses said they heard loud music coming from his vehicle before the crash.
Kucharski turned on his lights and siren, turned around and started east on Broad Street toward downtown Nashua going about 69 mph, according to Wageling.
Hoffman is also charging that the city is responsible because it's liable for any negligent actions of its employees, Webb said. Hoffman is also claiming the city failed to take reasonable care "in training, supervising and/or instituting procedures and policies" governing how employees respond to emergencies, according to the suit.
Webb said there is some question about police policy and training not being proper.
the safety of people on public ways. He made a mistake."
State police investigated the crash.
Hoffman did not fare as well. He was initially taken to St. Joseph Hospital and then transported to Massachusetts General Hospital in critical condition with serious brain and spinal injures.
Hoffman's claim is based on a state law governing emergency vehicle operations. The law, RSA 265:8 allows police and other emergency responders to ignore stop signs or red lights if they do so safely and to exceed the speed limit without endangering life or property. But the same statute also holds emergency responders responsible to drive with "due regard for the safety of all persons" and states that they are not protected from the consequences of any "reckless disregard for the safety of others."
Kucharski, motorcyclist Stephen Bendel, 53, of Concord, Mass., and his passenger, Brian Bendel, 15, were treated for minor injuries at Southern New Hampshire Medical Center.
The car on Coliseum Avenue and two of the cars on Exit 6 yielded to Kucharski but the fourth vehicle, the Chevy Blazer driven by Hoffman, continued through a green light and was hit by the cruiser, which sent it into a motorcycle nearby.
"That doesn't relieve him of the obligation of appreciating the fact that public roadways are operated under certain rules," he said. "Mr. Kucharski, I'm sure, is a fine officer and is doing a good job, but he just forgot on this occasion to have due regard for Omega Blue Watch
The city argues Kucharski's actions were in fact reasonable given the circumstances and that it was Hoffman's responsibility to yield to Kucharski's cruiser despite having a green light to turn onto Broad Street.
Kucharski had slowed the cruiser to about 47 mph as he entered the overpass just before the Broad Street and Exit 6 intersection, Wageling said.
Around the same time, three vehicles were moving onto the Exit 6 off ramp from the northbound lanes of the turnpike. A fourth car was turning right from Coliseum Avenue and heading east on Broad Omega Watch Straps Replacement
"Mr. Hoffman was doing what any reasonable driver would have done," Hoffman's attorney Peter Webb said. "He did not hear any siren and went through a green light and was surprised to find someone at a high rate of speed (go) through a red light."
Brian "Bubba" Omega Seamaster Planet Ocean
"I expect that will be an issue," he said.
Extensive therapy followed and Hoffman has returned to work as a chef, but still suffers from physical and emotional pain, physical impairment, loss of enjoyment of life, lost wages and cognitive and functional impairment, according to the suit.
Hoffman's 1995 Chevy Blazer was broad sided by Kucharski's cruiser on Aug. 22, 2008. Everett Turnpike's northbound Exit 6 off ramp. Thomas McCloud, who had reported that several people were fighting on Thayer Court, according to the findings of former Hillsborough County Attorney Marguerite Wageling. Kucharski would have been the second or third officer responding, she said.
Chef injured in crash with cruiser sues
"It's the city's position that any driver has the obligation to yield the right of way to an oncoming emergency vehicle," said Brian Cullen, the city's attorney.
Officer Kucharski and the city, through their lawyer, said Kucharski cannot be held liable unless Hoffman can prove Kucharski was reckless and that there is no evidence of recklessness.
Nashua police have a policy in place about police assistance requests that governs how officers should respond to certain calls and who makes such determinations. A portion of the policy mirrors state law, requiring officers to at all times drive "with due regard for the safety of others."
Webb said the fact that Kucharski was responding to an emergency doesn't give him carte blanche.
The city has argued in response that it is immune to such a claim because its entitled to "discretionary function immunity," which essentially means a court cannot direct it to spend money on specific trainings or policies.
Hoffman told police, through an attorney, that he didn't recall the crash or Omega Seamaster With Leather Strap the day leading up to it, Wageling said.
The crux of Hoffman's case is simple. Hoffman claims that Nashua police officer Ty Kucharski violated his duty by responding to the emergency call in a unreasonable way and failing to take the safety of other drivers into account. Hoffman also claims that his actions were reasonable.
There, doctors drilled through his skull to relieve bleeding on the brain and Hoffman experienced "significant cognitive impairments," including combativeness, agitation, incontinence and was unable to walk or speak, according to his suit.
Doctors screwed a halo vest into his skull to limit the motion of his spine until a surgery on Sept. 30, 2008, cut away damaged cervical spine material and stabilized his vertebrae with metal plates and screws, according to the suit.
Hoffman , Nashua resident and well known chef at Valentino's Restaurant in Hudson, suffered serious spinal and brain injuries, and although he's returned to work, he still experiences chronic pain and other symptoms. The suit doesn't specify what damages Hoffman is after but his medical bills have already topped $445,000, according to court documents.
Omega Seamaster New Model
Omega Constellation Female
Omega Seamaster White Face Blue Hands
Omega Seamaster Diver 300
Nike Sweatshirts For Girls
Omega Seamaster James Bond 50th Anniversary
Nike Long Sleeve Blue
Omega Seamaster Diver 300 Blue
Omega Speedmaster Replica
Nike Grey Hoodie
Omega Seamaster Planet Ocean Green
Nike Hoodie Red And Black
Omega Seamaster Vintage Gold
Nike Windrunner Blue And Green