$100,000 Settlement : L.A. Urged to Pay Family of Police Crash Victim

The city of Los Angeles should pay $100,000 to the family of a Sun Valley man killed when his truck was struck by a police car pursuing a motorcyclist for speeding, the city attorney has recommended to the City Council.

City Atty. James K. Hahn has recommended the payment to settle a lawsuit filed by the brother and mother of David Malekian, 53, who died April 5, 1987, in a traffic accident at Strathern Street and Tujunga Avenue in Sun Valley.

A city attorney’s report said that Malekian entered the intersection on a green light when his truck was hit by the police car, driven by Officer Lee Glozer, which traveled through a red light at about 45 m.p.h. Malekian, who was not wearing a seat belt, was thrown from his truck, Assistant City Atty. Robert A. Seeman said.

Lights Flashing

Police said the officer had the vehicle’s red lights flashing and siren blaring. But the motorcyclist disputed the officer’s story.

The motorcyclist, Robert Wade Still, who is now 20, was not injured in the accident. However, he was sentenced to 2 years in a California Youth Authority facility after pleading no contest to manslaughter, the city attorney said. The officer was not seriously injured.

Malekian’s brother, Hrand, arrived at the scene shortly after the accident, and his lawsuit is based upon the “emotional distress of seeing his recently deceased brother underneath the police vehicle as the vehicle was hoisted to allow removal of the body,” Seeman said. David Malekian’s 76-year-old mother, Ofisana, also sued.

David Malekian, who was unmarried, owned a pizza restaurant in North Hollywood with his brother at the time of his death, Seeman said. “Hrand Malekian claims that the death of his brother removed the operating manager/owner from the business they shared and destroyed his future expectations of financial stability,” the city attorney said.

Relatively Minor Violation

In recommending the settlement, Seeman said: “The city vehicle was pursuing a motorcyclist who had committed a relatively minor traffic violation, and the need to travel into the intersection at a high rate of speed is arguably inconsistent with the Police Department policies regarding appropriate caution during such a pursuit.

“Furthermore, the police car entered the intersection against a red light,” Seeman said.

“Under these circumstances,” Seeman added, “it is foreseeable that a jury could find against the city for a sum in excess of the settlement figure.”

The recommendation will be forwarded to the council’s finance committee and, if it is approved there, to the full council.