MAN SUES OVER NURSING HOME DEATH OF HIS MOM

Injuries resulted from a prohibited pursuit, action alleges.

WEST PALM BEACH — In early 2017, Domonique Washington was a personal trainer, living with his girlfriend in Riviera Beach where they were celebrating the recent birth of their son.

Today, the 26-year-old is living with his mother in Milwaukee, Wisconsin, and needs almost as much care as his faraway son, who is now a toddler.

Washington sustained severe brain injuries in a crash on Blue Heron Boulevard that was caused when Riviera Beach police chased an SUV that had run a stop sign, according to a lawsuit filed this week in Palm Beach County Circuit Court.

He can no longer walk unaided, has trouble forming words and can’t eat or perform other routine tasks without help, said attorney Edward V. Ricci, who this week sued Riviera Beach for negligence in connection with the February 2017 crash.

“He’s going to have a very challenging life, unfortunately,” Ricci said.

Had Riviera Beach police followed its own departmental policies, Washington would still be in Palm Beach County raising his son, Justin, and his son would be growing up with his father, Ricci said.

The agency’s rules, he said, are clear. “It is the policy of this department that a motor vehicle pursuit is justifiable only when the necessity of immediate apprehension outweighs the level of danger to the community created by the pursuit,” the policy states. “All other pursuits are prohibited.”

Instead, after Officers Shaundra King and Christopher Francis saw the SUV roll through a stop sign, they pursued it on Avenue E, blasting through the residential neighborhood at speeds reaching 70 mph, Ricci said in the lawsuit.

When the SUV reached Blue Heron Boulevard, it crashed into the side of Washington’s car, according to a video captured on the patrol car’s dashboard camera.

The driver of the SUV, Lewis Franklin, was charged with multiple felonies, including possession of cocaine. However, a jury acquitted the 47-year-old Riviera Beach man of that charge.

A judge convicted him of various charges in connec- tion with the crash, including leaving the scene of an accident and resisting arrest. He was sentenced to 10 years in prison.

An attorney representing Riviera Beach and a police department spokeswoman didn’t return a phone call or email for comment. But, Ricci said, it doesn’t appear any disciplinary action was taken against either of the officers.

Ricci said he is hoping the city taps its insurance policy to settle the lawsuit so Wash- ington and his son get the money they need. He said he didn’t know how much he would be seeking. “The damages exceed the policy limits, which are over $3 million given the profound nature of his injury,” Ricci said.

If the city takes the case to trial, even if Washington wins, it could take years for him to recover any money. There is a $300,000 cap on damages for each incident of government wrongdoing. To get more requires a special act of the Florida Legislature.

“It’s horrific,” Ricci said. “I don’t see any justification for what they did.”