City Will Pay Family of Woman Run Over By Police Vehicle
But council member objects to morality of state law capping payout at $250,000.
Milwaukee Police Department. Photo by Jeramey Jannene.
A wellness check gone wrong will result in the City of Milwaukee paying the victim’s family $250,000.
But the amount could have been much higher. The city is “legally culpable,” said City Attorney Evan Goyke in a letter to the council, but is shielded by a state law that limits liability to $250,000.
A Milwaukee Police Department officer was dispatched to respond to a wellness check near W. Lapham and S. 20th streets last September. But the officer did not see Hayley Linville, who the police were called to check on, lying in the alley and ran her over, killing her.
Linville’s estate requested $21.3 million, but state statute 893.82(6) caps liability at $250,000 and does not allow for punitive damages.
An outside investigation by the Waukesha Police Department and Wisconsin State Patrol determined the death was accidental.
The council approved the settlement on a 12-0-3 vote Tuesday.
But at least one member suggested she didn’t think the settlement was fair.
“I believe the estate of Haley Linville deserves more than what was offered,” said Ald. Marina Dimitrijevic on the council floor.
President José G. Pérez abstained from voting on the settlement when it was before Judiciary & Legislation Committee and when it was before the full council. He did not state a reason why. The location of the accident was at the western edge of his aldermanic district.
Ald. Lamont Westmoreland abstained from voting on the file and other items from the Judiciary & Legislation Committee meeting because, despite being a committee member, he was not at the May 26 meeting.
Beyond Dimitrijevic’s brief statement, the measure was never discussed in public.
Linville, 31, was pregnant at the time, according to her sister. She battled homelessness and addiction, but also testified against an individual who trafficked her, resulting in him being sentenced to 45 years in prison.
Linville’s estate was represented by attorney Mark Sisson.
The city is self-insured and will pay for its settlement from its damages and claims fund.
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