Woman who broke hip in drunken stupor after DWI arrest can sue cops
An appeals court says a drunken woman who broke her hip after repeatedly falling off a metal chair while in custody can continue her lawsuit alleging two Belmar police officers failed to exercise reasonable care.
Leone claimed she was highly intoxicated after her drunk driving arrest in 2010 and had 4 drinks of vodka and orange juice, each with double shots , between 7 and 8 a.m, according to the decision. Officers said she needed help getting out of their patrol car and fell off the chair several times before she was placed on the floor, the decision states.
She also could not follow instructions when a breath test was administered and was considered to have refused the test, the decision states.
Leone had no memory of the arrest or falling, but was treated for hip fractures days later at Monmouth Medical Center, according to the decision.
The Superior Court in Monmouth County had thrown out Linda Leone's suit, saying the officers were immune from liability. But the appeals panel found police do no not have blanket immunity and said the suit can proceed.
The appellant court ruling does not address whether Leone's claims are justified — just whether she's entitled to argue them in a lawsuit.
"This is completely ridiculous and a waste of taxpayers' dollars that we have to defend the police officers in this lawsuit,'' Mayor Matthew Doherty told the Asbury Park Press. "If she can sue over this, where is the line? People have to take responsibility for their own actions."
The lawsuit is below:
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