In 2019, Robin Lerum and her daughter were driving in the HOV lane on I‑5 when a speeding SUV, traveling on the freeway shoulder, slammed into their car and caused a multi‑vehicle car crash in Washington. Just before the collision, two on‑duty motorcycle officers from the Seattle and Bellevue police departments had moved onto the shoulder behind the SUV and activated their emergency lights as the SUV accelerated away.
Robin sued the City of Seattle and the City of Bellevue, alleging the officers engaged in an improper, unsafe pursuit that violated police policy and failed to give due regard to her safety. The cities argued there was no “pursuit,” that they owed no legal duty to Robin, and that the SUV driver—high on methamphetamine and cannabis and later convicted of vehicular assault—alone caused the crash. The trial court agreed with the cities and dismissed Robin’s case on summary judgment.
On appeal, represented by Darrell Cochran and Andy Ulmer of Darrell Cochran Personal Injury Lawyer, Robin challenged that dismissal. The Court of Appeals held that there is enough evidence for a jury to decide key disputed issues: whether the officers’ actions amounted to a pursuit, whether they violated pursuit policies, and whether that pursuit was a proximate cause of Robin’s injuries. The court emphasized evidence from expert witnesses, hospital‑room statements, and the SUV occupants’ interviews indicating the driver saw police lights, believed officers were “after” him, and accelerated onto the shoulder to get away.
Because these factual questions must be resolved by a jury—not decided by a judge as a matter of law—the Court of Appeals reversed the summary judgment in favor of the cities and sent the case back to the trial court for further proceedings.