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Family gets $900,000 in negligence case

Jury finds Sheriff's Office negligent in handling of road chase

By J.D. Gallop
FLORIDA TODAY   02/07/2003
 

VIERA -- A jury awarded $900,000 in damages to the family of a 29-year-old man Thursday after finding the Brevard County Sheriff's Office negligent in its handling of a road chase.

The award was handed down after five hours of deliberations by a six-member jury at the Moore Justice Center.

"I'm happy for the family," said Charlie Roberts, a Rockledge-based attorney representing the family of Steven Clendenning in the four-day trial.

The civil suit against the Sheriff's Office stems from the Feb. 3, 1999, decision by a deputy to call off the pursuit of an Orange County man speeding west on a foggy stretch of State Road 520.

The sheriff's deputies, however, continued to follow without emergency lights while the suspect drove without headlights, records show. The suspect, who officials said had a gun and had been under house arrest, was killed when his pickup collided with the 1977 Oldsmobile driven by Clendenning, records show.

Clendenning, a department store stock person, died 17 days later at Wuesthoff Hospital in Rockledge. Brevard County Sheriff Phil Williams, who attended trial testimony in Circuit Court Judge George Maxwell's courtroom earlier in the week, did not return several phone calls late Thursday.

The award, if not reversed by an appeal, would be paid through a liability insurance fund for the Sheriff's Office.

"I'm not prepared to comment on the jury award," Chief Deputy Bob Sarver said late Thursday.

"Under our current policy, if there's a forcible felony or if someone poses an imminent public threat, then we initiate a pursuit," Sarver said.

Family members hoped the judgment would move police agencies to reconsider pursuit policies.

"They tried to make excuses," 62-year-old Robert Clendenning said of the Sheriff's Office handling of the pursuit that led to his son's death.

"Losing my only son was very difficult. Hopefully, this will stop other innocent people from being killed."

 

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