County Will Pay $1.7 Million to Motorist Injured by Speeding Deputy : Lawsuit: The settlement represents 20% of the reserve fund used to pay for unexpected emergencies.

A retired Vista man who was seriously injured when his car was struck by a speeding deputy sheriff’s patrol car two years ago has been awarded nearly $2 million in an out-of-court settlement with San Diego County.

The settlement represents 20% of the county government’s unallocated reserve funds, which are set aside for unexpected emergencies.

The money will go to Paul Campo, a former Vista Unified School District trustee and the retired environmental director at the Camp Pendleton Marine Corps base, and to his wife.

“Obviously, we’re pleased,” Campo said, adding that the accident, long recovery and subsequent litigation created great stress on his family.

The settlement calls for $1,025,000 to be set aside by the county, $525,000 of which the Campos will receive immediately. The balance will be set aside in an annuity that, over 20 years, will total another $1,175,000 in monthly payments, estimated the couple’s attorney, Louisa Porter. She described the entire settlement as $1.7 million over 20 years.

County officials said they agreed to the settlement, which was approved by Superior Court Judge James Milliken last week, out of concern that a jury might award even more money if the matter went to trial. Campo had sought $5.2 million.

Campo said he settled out of court to avoid what probably would have been years of litigation.

“Let’s face it: I’m 68 . . . and frankly I’m getting too old,” he said. “We were a little disappointed, but let’s just say I’m satisfied with the settlement and we’re ready to move on with life.”

Campo said he will use the money, in part, to pay medical bills.

Deputy County Counsel George Brewster said the settlement is one of the largest ever paid by the county.

Campo was driving his passenger car on Meadowlark Lane in Vista on Aug. 19, 1988, and, after having stopped at a stop sign, was crossing East Vista Way when the driver’s side of the vehicle was rammed by the patrol car being driven on East Vista Way by Deputy Paul Rose.

Campo, who was extricated from his vehicle with a hydraulic-powered tool, suffered a broken hip, a fractured leg and internal injuries. Despite having undergone several surgeries, he can walk only with the aid of a cane, and faces additional reconstructive surgery.

Brewster said the follow-up investigation showed that Rose was traveling at least 55 m.p.h. without using his emergency lights or siren. The posted speed limit on the street is 35 m.p.h.

Rose later said he was pursuing a car whose occupants he believed were suspected of brandishing weapons several days earlier. Porter disputed that contention, arguing instead that the explanation was contrived by Rose to justify his speed.

Rose, a 12-year veteran of the Sheriff’s Department, remains on the force and is assigned to traffic patrol in the Vista substation. Brewster said he could not comment on whether Rose was disciplined.

The settlement was approved behind closed doors by the county Board of Supervisors several weeks ago, approved by the judge and made public now by Campo’s attorney.

“In every lawsuit, we take a gamble going to trial, regardless of what our position may be,” Brewster said. “We never now how the facts will lay out to a jury. In this case, we found some facts that were not real favorable to the county’s position, and that if there was a finding of liability by the county, there was a good chance the damages could be pretty high.”

The ultimate settlement and the mechanics of the annuity were negotiated between the two parties on the eve of trial.

“Deputy Rose said he was going after a vehicle he suspected may have been involved with a brandishing of weapons charge several days prior,” Brewster said. “The car he was tailing fit the description of the vehicle the deputies had been alerted to. He was trying to get a closer look at the car, and did so without paying a lot of attention to his speed.

“Unfortunately, the roadway he was on is curvy. Mr. Campo was on Meadowlark, and pulled out from a stop sign onto Vista Way, right into the path of Rose’s vehicle,” Brewster said. “The question was, did Campo violate Deputy Rose’s right of way and was partly at fault? That’s the position the (Sheriff’s) Department took. Deputy Rose had no stop sign or stop light. So it was a jury decision as to whether he was reasonably traveling down Vista Way.

“But looking at skid marks and from Mr. Campo’s viewpoint, we felt there was a risk that the deputy might not have been acting reasonably.”

The county, as is typical with many government entities, does not carry liability insurance, nor does it set aside funds every year into a kitty from which to pay out settlements. Rather, settlements that are approved by the Board of Supervisors are paid from the county’s fund of unallocated reserves.

This year, the county set aside $5 million--a mere 0.2% of its entire operating budget of $1.66 billion--for contingencies such as this, said Manuel Lopez, director of financial management for the county. With this settlement, the fund is now down to $4 million.

Brewster said the Campo settlement is the largest “in recent memory” generated by a traffic accident involving a deputy sheriff.

Roger Hartnett of the county’s claims office said the county paid a settlement of about $2 million about three years ago, after a person was killed in a traffic accident and the resulting lawsuit alleged that the county had improperly maintained the roadway.

About five years ago, a $1.2-million settlement was reached after several people were injured in a traffic accident that they blamed, again, on a poorly maintained roadway, Hartnett recalled.