City to Pay $9.5 Million to Woman Hit, Disabled by Speeding Police Car

In the city’s largest lawsuit settlement ever, the San Diego City Council on Wednesday approved the payment of about $9.5 million to a young woman who was left a quadriplegic and brain-damaged last year when her car was struck by a speeding police car.

The settlement award to Fran Maday includes a $2.8-million cash payment and $6.3 million to buy an annuity, which will pay Maday $290,000 a year for life. In addition, the payment will grow at a rate of 6% each year, said her attorney, David Casey Jr.

City Atty. John Witt said the settlement was “the largest payment for a lawsuit in the history of the city, by far.”

To meet the heavy obligation, city officials spread its total payment over two years because it has just $8.2 million left in the fund used to pay off legal liabilities. The immediate $2.8-million payment will be used to pay off Maday’s legal bills and purchase and outfit a home where she can live and receive the care she will need for the rest of her life, Witt said.

Maday, a manager at La Costa Resorts who also was an avid tennis player and active in the San Diego Junior Chamber of Commerce, was injured on New Year’s Day, 1988, when her car was struck at 10 p.m. by the police car at La Jolla Village Drive and Interstate 5.

The officer, Michael Scott, was driving more than 70 m.p.h. in a 50-m.p.h. zone, and was not using the car’s siren or overhead emergency lights. He was on his way to back up another officer involved in a non-emergency traffic stop. Scott was later prosecuted for speeding and entered a plea of no contest.

Reinstated on Police Force

Ironically, Scott had been fired from the San Diego Police Department four years ago for poor job performance, but was reinstated by the city’s Civil Service Commission. He remains on the police force today.

“The officer was clearly at fault,” said Mayor Maureen O’Connor, in announcing the city’s decision to settle the Maday case after council members met in closed session with the city’s legal staff.

“The family has been extremely fair to negotiate with us, and this will take care of her needs during her lifetime.”

Casey, in describing his 31-year-old client’s medical condition, said it was at first feared that her injuries would be fatal. The accident also slightly injured her brother, Bernard Acitelli.

“Initially, she was on life-support machines,” the attorney said. “The family, after a long and difficult deliberation, removed the support systems and Fran remained in a coma for eight months.”

Today, under 24-hour care at the Scripps Encinitas Rehabilitation Center, she is paralyzed in both her arms and legs, except for slight movement in her left thumb and her left arm. Casey said she can, however, communicate by moving her thumb to signal a “thumbs up” for a yes, and a “thumbs down” for a no answer.

But Casey said that she is unable to speak, breathes by means of a tracheotomy and will be fed through a gastrotomy tube connected to her stomach for the rest of her life.

“She will require 24-hour care but may live a normal life span,” the lawyer said. “But she can never be left unattended.”

Settlement to Provide ‘More Quality of Life for Her’

Maday’s physician, Dr. Jerome Stenehjem, said the large settlement will be helpful in meeting Maday’s medical needs. “I’m not sure she’ll ever be able to reach independence,” the doctor said, “but I think we’ll be looking for more quality of life for her.”

To meet those long-range needs, the city agreed to pay out $6.3 million to buy the annuity, taking the money from next year’s budget, Witt said.

If Maday lives a normal life span of 47 more years, the annuity will pay her a total of $72 million, said Chief Deputy City Atty. Eugene Gordon.

At a Wednesday afternoon press conference at the rehabilitation center, Maday’s family said they will use the money to purchase a specially designed house in Escondido that will fit Maday’s needs. They also plan to hire three nurses to work round the clock.

Witt said that, upon Maday’s death, ownership of the house reverts to the city of San Diego.

Maday attended the press conference in a high-back wheelchair and wearing a neck brace. She occasionally smiled and signaled answers with her arm. Her sister, Sally Acitelli, said that Fran can remember everything that happened in the accident. “But, as far as what happened today,” with the large settlement, “she won’t remember it tomorrow,” the sister said.

Family members said Fran has been learning in recent weeks to communicate by the use of a special computer. They said she indicates letters or words on a board and the results are printed on a computer screen.

‘Real Positive Attitude’

“She has a real positive attitude,” said Sally Acitelli. “She really believes she’s going to get all better. And she tries her hardest no matter what happens.”

Before the collision, Maday was touched by another tragedy. Her husband was killed in a separate traffic accident in 1985.

Casey said that, as part of his legal case against the city, which had been set for trial on Oct. 20, he had assembled an extensive videotape that chronicled his client’s life, highlighted Maday’s current medical status and showed the stress suffered by her family.

According to Casey, the second-highest payout by the city came last year, when the family of a boy killed in 1983 from the explosion of a military in a Tierrasanta canyon received a then-record $2.1 million.

Also contributing to this report was Times Staff Writer Leslie Wolf.