The driver was sentenced to two years in prison.
STAFF REPORT
YOUNGSTOWN — The Austintown police officer burned over 40 percent of his body in a fiery crash has sued the woman, now a prison inmate, who admitted drinking three shots and two beers before rear-ending the police car at an estimated 100 mph.
Patrolman Ross J. Linert, 48, of Woodgate Street, Austintown, who also suffered fractured ribs in the Nov. 11, 2007, accident, has sued Adrien N. Foutz, 22, of Iowa Avenue, Girard, who is now an inmate at the Franklin Pre-Release Center in Columbus.
The civil lawsuit, which demands a jury trial and seeks more than $25,000 in damages, said Foutz negligently drove too fast and failed to yield to Linert’s police car. Its gasoline tank exploded from the impact.
The suit was filed by Atty. Richard A. Abrams on Friday in Mahoning County Common Pleas Court and is assigned to Judge James C. Evans.
In the criminal case concerning the accident, Judge John M. Durkin of that court sentenced Foutz to two years in prison after she pleaded no contest in June to aggravated-vehicular assault. But Judge Durkin said he’d consider releasing Foutz after 18 months if she behaves in prison.
Foutz, who admitted having the drinks at an Austintown bar, and Linert were northbound on Meridian Road at Interstate 680 in the 1:08 a.m. crash. After the crash, Foutz’s blood-alcohol level was 0.279 – more than three times the legal limit.
Comments
I am not an arm chair attorney and do not claim to have all the facts pertaining to this civil action but it would appear that the Ford Motor Company and Austintown Township should be named in the suit as defendants as well based on specific issues related to this accident.
There are a great number of cases in Ohio and throughout the U.S that have already been adjudicated in the courts where the plaintiff (police officers and their families) were awarded large settlements as a result of the Ford Crown Victoria Police Interceptor exploding on impact during rear end collisions.
Ford Motor Company and police departments throughout the U.S. were put on notice years ago that these vehicles were at risk during rear end crashes yet Ford continued to market them and police departments continued to purchase them placing officers at risk.
Ms. Fouts and her insurance carrier should be held responsible for her actions, however had the Ford Motor Company corrected the problem years ago or removed the vehicle from the market and Austintown Township done any research on the Ford Crown Victoria Police Interceptor they would have identified the problem and either purchased a safer patrol vehicle (Chevrolet, Dodge etc...)or purchased the available kit to protect the gas tank on the Ford Crown Victoria which would have prevented or reduced the serious injuries sustained by Officer Linert.
Attacking only Ms. Foutz and her insurance company seems like the easy way out and the politically correct thing for Attorney Abrams to do.
Let's ensure that the Ford Motor Company and police departments don't continue to deny liability when they are well aware of this vehicles deadly history.
Attorney Abrams need only complete a simple Google search on the Ford Crown Victoria Police Interceptor to open up a can of worms on Ford and hundreds of police agencies who continue to put officers like Officer Linert at risk of death or serious injury.
Officer Linert deserves no less!