Jury returns verdict in lawsuit of man run over by Tacoma officer while lying in street
Jurors have awarded $1.75 million to a man who was run over by a Tacoma police officer in 2014.
Emanuel N. Andrade sued the Police Department, the city and Officer Luke Faulkner. He alleged the officer was messaging a coworker on his computer about meal plans when he slowly rolled over Andrade, who had been lying in the street after a night of drinking.
Jurors returned their verdict July 1 after several days of deliberation and two and a half weeks of trial in Pierce County Superior Court.
They awarded $3.5 million, but reduced that by 50 percent because they found Andrade 50 percent responsible for what happened.
The City Attorney’s Office said in a statement: “While the City was hoping for a different outcome, we are grateful to the jury for its service. The City will be evaluating the results in this case to determine if any further steps are necessary.”
Dan Hannula, one of the attorneys who represented Andrade, said Wednesday: “I thought it was a fair result, and our client is pleased with the verdict. ... I think it’s a case where clearly our client should not have been drinking.”
He said Andrade, a former soldier, suffered from PTSD and had been self-medicating. Since then, Hannula said, the 30-year-old has been getting treatment through the Veterans Administration, has earned a two-year degree and is working on a bachelor’s degree in business administration.
The father of three was stationed at Joint Base Lewis-McChord at the time of the accident and has since been medically discharged and moved to California with his family.
He still suffers pain from his injuries, Hannula said, which included head injuries, severe fractures to his arms and pelvis, and other wounds.
The rollover happened after Andrade lay down by his car about 1 a.m. June 14, 2014 on North Fife Street. Surveillance video showed the officer’s patrol car stopping and starting as he crept toward him near Sixth Avenue and then running over him.
The agency said at the time that Faulkner had been checking license plates on his computer and looking for car prowlers before he slowly rolled over Andrade. The lawsuit said the officer had been messaging a coworker about where to get lunch that night.
“I just think the jury said that’s a dangerous thing to do, this shouldn’t have happened,” Hannula said. “... He (the officer) just made a mistake that night, but he was negligent.”
Hannula said the officer was not on a call at the time.
“There’s a reason why officers have an onboard computer, I understand that,” Hannula said. “But when you use it for personal reasons and you’re not paying attention to the road, this is just a classic example of why you shouldn’t text and drive.”
This story was originally published July 7, 2021 at 1:59 PM.
