wal6612
04-30-2008, 09:47 AM
I am a law enforcement officer in Wisconsin. I was involed in assisting another officer on a traffic stop with a commercial motor vehicle. There was a driver and co-driver in the unit. Both were being very disorderly. I arrested the co-driver after he attempted to strike me.
After placing him in my cruiser I went back to the front of the unit where the other officer was trying to speak with the driver. The driver was very belligerent and was standing on the top step of the tractor. This being an officer safety issue, I ordered the person down from the step. The driver refused several times. I placed the driver under arrest for disorderly conduct and escorted the drive to the ground, the driver remained in a standing position.
The driver started to fight and resist arrest. I took out my pepper spray and issued a warning to stop resisting or get sprayed. The driver relaxed and while I was placing my OC back in the holster the driver struck me in the face. I sprayed the driver with OC and escorted the driver to the ditch.
During the ongoing fight I recieved injuries to my jaw, back, hip and knee. These injuries are substantial and I have been off work on Hazarous duty workers comp for 2.5 months. I have a herniated disc, burtsitis and torn cartilage in my knee. I also have to have surgery on my jaw to fix a displaced articulate disc.
My issue is with the trucking companies insurance provider. They are claiming that they are not responsible for the acts of the companies employees in this type of situation. They claim that because this was an intentional act of the driver that the company could not have known that this would happen and therefore vicarious liability does not apply.
I have sustantial medical bills, all being taken care of, however I would like to recover a claim against the company and the individual involved. Obviously the company has more funds available to them for this than the driver does.
Does anyone have any advise on how to pursue this type of claim against the company and the driver?
I may have to have surgery on my back. I am told that this surgery could possibly end my career. I'm only 44 and would rather not end my career at this point in my life.
After placing him in my cruiser I went back to the front of the unit where the other officer was trying to speak with the driver. The driver was very belligerent and was standing on the top step of the tractor. This being an officer safety issue, I ordered the person down from the step. The driver refused several times. I placed the driver under arrest for disorderly conduct and escorted the drive to the ground, the driver remained in a standing position.
The driver started to fight and resist arrest. I took out my pepper spray and issued a warning to stop resisting or get sprayed. The driver relaxed and while I was placing my OC back in the holster the driver struck me in the face. I sprayed the driver with OC and escorted the driver to the ditch.
During the ongoing fight I recieved injuries to my jaw, back, hip and knee. These injuries are substantial and I have been off work on Hazarous duty workers comp for 2.5 months. I have a herniated disc, burtsitis and torn cartilage in my knee. I also have to have surgery on my jaw to fix a displaced articulate disc.
My issue is with the trucking companies insurance provider. They are claiming that they are not responsible for the acts of the companies employees in this type of situation. They claim that because this was an intentional act of the driver that the company could not have known that this would happen and therefore vicarious liability does not apply.
I have sustantial medical bills, all being taken care of, however I would like to recover a claim against the company and the individual involved. Obviously the company has more funds available to them for this than the driver does.
Does anyone have any advise on how to pursue this type of claim against the company and the driver?
I may have to have surgery on my back. I am told that this surgery could possibly end my career. I'm only 44 and would rather not end my career at this point in my life.