Long Beach : City to Pay for Care of Paralyzed Woman

Pending an appeal of the case, the city of Long Beach has agreed to pay the medical expenses of a woman who was paralyzed by injuries she received in a 1992 car accident that resulted from a police chase.

Long Beach will pay $5,000 a month toward the care of 27-year-old Huntington Beach resident Cindy Tomlinson. At the same time, the city has asked the state Court of Appeal to reverse a lower court’s decision that the city owes Tomlinson $10 million for past and future medical care.

Tomlinson, a former preschool teacher, was the passenger of a car that was hit head-on Feb. 19, 1992, by a drunk driver being pursued by police. She cannot speak or move her limbs and requires constant medical attention.

On the night of the accident, a suspect in a domestic dispute attempted to elude police by driving 70 m.p.h. with his headlights off and occasionally driving on the wrong side of the road. Although police called off the chase to avoid a collision, they soon decided to continue the pursuit when it was determined that the suspect had attempted to kidnap his ex-girlfriend. Ten seconds after police started the chase again, the suspect slammed into the car being driven by Tomlinson’s friend.

The city has appealed a Superior Court ruling in July that it must pay all medical care related to the collision because it violated its own police pursuit policy. If his client loses the case on appeal, attorney Dennis Elber has agreed to reimburse the city for the money it will pay Tomlinson.

Tomlinson’s lawyer said the crash victim’s family needs the monthly checks desperately. The family has chosen to care for her at home rather than put her in an institution. Medical bills have drained their finances despite a special fund to help pay for her medical care, family members said.

California law states that a city is liable for accidents that occur during police chases if the city’s policies were violated. In this case, the city’s police pursuit policy was found to be incomplete, Assistant City Atty. Robert Shannon said.