Crash victim suing WPD

By Andrew Wellner
Frontiersman
Published on Saturday, August 2, 2008 9:27 PM AKDT

ANCHORAGE — A Wasilla auto accident victim is suing the Wasilla Police Department alleging that when officers chased the car that hit her, they partially caused the accident.

Jennifer Setters, 31, filed two lawsuits last month in Superior Court in Anchorage; one against her insurance company, GEICO, and the other against the city of Wasilla, its police department and former police chief John Glass, who was chief at the time of the crash.

Setters was driving her Ford Expedition from Anchorage to Wasilla shortly after 5 p.m. Aug. 11, 2006 when, just past the Knik River Bridge, a GMC pickup crossed the median and hit her head-on.

Calls had been streaming into police dispatchers that afternoon from motorists the GMC had almost driven off the road.

Wasilla police started chasing the pickup, driven by Martha Harper, at Seward-Meridian Parkway, where she almost ran over Officer Jentry Crain. Crain was on foot at the time and thought he’d managed to pull Harper over using hand signals.

The department is liable, Setters’ suit claims, because police “chased Martha Harper at high speed ... toward the most heavily populated area in the state of Alaska during rush hour traffic on a Friday afternoon in late summer when the defendants knew or should have known that there would be a continuous stream of traffic from Anchorage area northward.”

John Glass, now the acting commissioner of public safety for the state, declined to comment on the lawsuit, as did current Wasilla Police Chief Angella Long. Efforts to reach Setters were unsuccessful. As of last week, none of the defendants had filed responses to Setters’ claims.

Setters’ lawsuit against GEICO alleges the company never asked her if she wanted to purchase under-insured or uninsured motorist coverage. The other driver, Harper, was not properly insured, the lawsuit states, leaving Setters with a mountain of unpaid bills.

Indeed, of the 19 pages in the GEICO suit and the 20 pages in the WPD suit, 15 pages of each is spent detailing the various medical procedures Setters has undergone and the maladies for which she has sought treatment as a result of the accident.

According to the suit, Setters had fractured ribs and a fractured tailbone, nerve pain, vertigo, neck pain, lower back pain and other problems. She underwent surgery, was prescribed painkillers and participated in physical therapy.

Harper didn’t escape the accident uninjured either. According to prison records, Harper, 37, now resides in the Hiland Mountain Correctional Facility where she is serving a nine-year sentence, having pleaded no contest in April 2007 to two counts of assault for her actions on the road that day.

According to documents her lawyer filed asking that Harper be allowed to listen in on certain proceedings instead of traveling from prison to court, Harper suffered from a broken back and used crutches to get around.

According to documents from prosecutors in the case, Harper’s breath alcohol content four and a half hours after the crash was .203, more that twice the legal limit of .08.

Contact Andrew Wellner at andrew.wellner@frontiersman.com or 352-2270.

Comments

37 comment(s)

    All I am saying is now is the time to act wrote on Aug 13, 2008 10:13 AM:

    " If policy was written into law then there would be clear guidelines to chase or not. This protects the Police completely. There would be no wiggle room for those that say you should or should not have chased. Set guidelines, what type of crime is it ok to chase, how fast can the police go, how long can they chase, what about road conditions and neighborhoods.Make the pursuing officer have monthly training is high speed chases. There are many things that can be written into policy that all of Alaska Law Enforcement must abide by. Other States do this. "

    Just want safety for all wrote on Aug 13, 2008 9:54 AM:

    " I did not "google". This was only about accountability on police chase and police liability. It is a High Court Judges exact quote on police procedure and has been adopted in all States but CA. It states very clearly that the police department must follow pursuit policy and if the officer does not then they are liable period. Contact your reps in Juneau and lets get a unified policy so this will never be an issue in the future. I do not take anyone's side. I just want safety for victims and police officers who are killed and hurt. "

    If you dont know google it wrote on Aug 12, 2008 2:54 PM:

    " To: High Court Says,
    Speak of something you actually know about, instead of something you googled. No one says there shouldn't be "ACCOUNTABILITY". But it is put upon the wrong people. It should be on the drunk driver/criminal, but they don't have the deep pockets as a government entity does. I would bet that if WPD would have let the drunk driver go and they hit someone, that person would sue WPD for not doing their job. If the police can't intervene then who else is going too? "

    High Court Says wrote on Aug 12, 2008 9:16 AM:

    " "Without ACCOUNTABILITY, pursuit policy, training, and supervision are meaningless." Every State except California makes police accountable for their actions in pursuits. CA is the only one who gives their officers immunity. Every other State by law holds the officer and his employer responsible. I feel that everyone has a right to their opinion but please stop the name calling on both sides. The personal attacks on the officer and the victim is not really helpful and only makes the valid points that you do make seem like playground name calling. Nobody in this came away without scars including Officer Crain. "

    Nostalgie wrote on Aug 12, 2008 7:58 AM:

    " As for Setter's; I still feel WPD should be suing her for causing the accident by not paying attention, not stopping when she saw the flashing lights, not making an evasive maneuver. She’s just lucky she didn’t cause another accident. Speed trap? Non issue if you’re doing the posted speed limit...DUH. Don't like how cops behave; become part of the solution, join!! or just keep whining while you get pulled over in one of those terrible "speed traps." "

    To what others may think wrote on Aug 11, 2008 1:51 PM:

    " Your an idiot! And you are probably right about friends and family writing in and being supportive and having a positive view about WPD. In fact, if you took a survey of the "normal" people in the valley, most will be 100% supportive of what our law enforcement officers do here in the valley. I suspect most criminal types dont like the cops. It would be interesting to see what type of criminal history you have with WPD. "

    To What many others think wrote on Aug 10, 2008 11:24 PM:

    " Or is it “Thank you it turns my stomach” from the blog under “Back governor, troopers not abuse system”. You can’t hide your writing style, or your hate for law enforcement. Did you get a ticket on the way home and this is your way of getting back? From your posts it is obvious you are anti law enforcement or as they like to think, job security. I’m sorry your parents didn’t raise you better. Law Enforcement should just let all the drunk drivers go on their merry way. I hope they don’t get me on the jury. Go Halcro! "

    What many others think wrote on Aug 10, 2008 5:32 PM:

    " First off, judging by the venom being spued here, most of these comments are from the friends and families of WPD.
    The cheersquad. WPD has had a reputation of being a bunch of cowboys for years. Love to profile, lay speed traps, abuse their arrestees, and trigger happy. I wouldn't trust the professional judgement of too many of them.
    Secondly, the officers should review the rules for continuing a chase in dense traffic. I wouldn't be surprised if that was why she is suing WPD.
    I hope Ms Setters is prepared for being singled out by WPD for harassment. "

    Common sense wrote on Aug 10, 2008 12:14 PM:

    " To Lab: you don't know the facts, Martha was never stopped that day before the accident. Do some better research next time. Yes they had the address of the vehicle plate but do you really think letting someone who was already reported to be traveling in the wrong lane and was more than twice the legal limit left to drive home alone. Not to mention the nearest agency to set up spike strips was APD and 30 minutes away. Where is the common sense in Alaska? "

    pro se wrote on Aug 9, 2008 10:28 AM:

    " the key to stopping frivilous lawsuits (like this one) is this: after the plantiff loses you sue them for damages to recover attorneys fees, time lost court fees et al that you spent defending against these claims. This will send a message to people like her. When you lose the rest of your PFD's for a frivilous suit it tends to hit hard. "

    To Lets me get this straight... wrote on Aug 9, 2008 7:26 AM:

    " Thank you for sharing such inspired insight! I hadn't thought about how unprofessional the officer was until your mispelled commentary shined such an intelligent light on it! I hadn't thought how unprofessional the officer was trying to stop an impaired driver from fleeing. That's certainly not his job! I only wish we had more "professional" officers who, in the future, will allow drunk or stoned drivers to drive away from them without consequence. In fact, I hope this lawsuit shuts the WPD down entirely! Then we just won't have to worry about them! Please keep the wisdom flowing! Please. "

    To Just a thought wrote on Aug 8, 2008 7:58 PM:

    " There are laws that state when a police officer can chase another vehicle. I am sure that this procedure was followed as they would have to get permission to persue a high speed chase. This law was passed in the state of Alaska before I left ten years ago. The police officers were trying to control a situation that even if they had not tried to something could have happend. Why can't everyone agree that sometimes accidents happen and in this case, it was just an accident? "

    Lab wrote on Aug 7, 2008 9:50 PM:

    " I would like to comment that none of you know the facts(Casey), trust me..I do. First,WPD already had Martha pulled over once, they already had her name, address, etc. She took off and attempted to run down one of their own (Jentry), that's why they pursued. Second, she was traveling with rush hour traffic outbound (70+) there was no way she could avoid a vehicle careening at her at 100 mph. Maybe Martha would have hurt someone else, maybe not. But if your being chased? What does your instincts tell you to do,drunk or not? Flee at all costs... "

    mary wrote on Aug 7, 2008 7:53 PM:

    " If she had insurance she wouldnt be suing thats not to say insurance companies arent crooks either. "

    Lets me get this right wrote on Aug 7, 2008 7:30 AM:

    " A "stream of calls were coming in" and a cop "on foot" tried to stop the drunk with hand signals!! He must have thought she was really a threat to do that. Then when she almost runs over the cop he gets in his car and chases her. Sounds like the cop had a bad case of road rage and acted like a fool, not a professional officer. This cop is not above the law, go get him Setters. Make police evrywhere have accountability for their actions. "

    Just a thought wrote on Aug 6, 2008 4:37 PM:

    " None of us know what really happened the day of the chase, but take this time to think about police chases. Thousands of innocent people are injured or killed by police chases. We need to pass legislation that would set police chase standards and have all officers trained in high speed driving . That way in the future there will not be any gray areas as to chase or not. To "Protect and Serve" should be for all of us who obey the law including Setters. "

    Valley Parent wrote on Aug 6, 2008 2:43 PM:

    " Jennifer Setters is just trying to get someone else to pay for her. Guess what it wont be the state it will be all of us. Thanks my children will apprecitate you years to come when my taxes get raised. Thank you so much for being a sue happy person. "

    Radio ahead wrote on Aug 5, 2008 7:30 PM:

    " Even if the officer had called ahead on the radio, the female could have hit someone else. Then the police would still be blamed for not stopping her! Police have a hard enough time without all the whining and complaining about the way they accomplish the job. Support them and help stop the crooks! Then the world (yours) will be a better place. Do you want their job? Get off your lazy butt and work for it- going to be a long time before that happens! "

    DW wrote on Aug 5, 2008 6:51 PM:

    " Casey-
    Give me a brake. I am all for suing when suing is justified. But going after the police department when it is obvious they were doing there job. Thats stretching it. Dont get mad at people who are telling it like it is. I think it makes everyone mad when someone sues for NO REASON. I am sorry she was hurt but IT WASNT the WPD's fault, sue the drunk woman. Oh but that women dosent have any money... Hopefully you tell Setters to read these because someone needs to inform her that she is acting greedy. "

    Cls wrote on Aug 5, 2008 6:42 PM:

    " Setters is what causes our insurance to be so high, its people like her who are greedy, money hungry, and sue happy. She is trying to sue who ever she can. Thank You to the police department for during your job. I am sorry you have to deal with people like Setters. Most people would understand that you were just doing your job, sorry you have to deal with a bad apple. Setters should feel guilty for what she is doing and I hope she doesnt get a dime. "

    James wrote on Aug 5, 2008 1:46 PM:

    " It is really sad that we have people protecting all of our lives, and the minute that something goes wrong we point fingers at these people and blame them. It is truly sad what happen to Setters' but at some point you have to dust yourself off and say wow that sucked, and move on. To me it looks like she does just want money. We all have things in our life that change our path (other people have bad car accidents too), but most of us learn from them and focus on the positive. "

    Well Casey..... wrote on Aug 5, 2008 1:22 PM:

    " Why don't you just sue us for all of our hateful comments then? Litigate! That is what attorneys do. They find someone who has the ability to pay and sue them for you. One call that's all....as the ambulance chaser advertises on TV. The fact as I understand it, is that the "victim" was injured by the drunk driver. Period. The cops were doing their job that they are paid to do....get drunks off the road. Direct your anger towards the drunk, please. The victim was just in the wrong place at the wrong time. "

    Nostalgia wrote on Aug 5, 2008 12:34 PM:

    " Let me get this straight: Jennifer Setter's saw Martha Harper cross over through the double wide grass covered medium before hitting her truck. Shouldn't Harper be suing Setter's for not getting out of the way? It's obvious Setter's had plenty of time to exercise an evasive manuever or was she not paying attention to her surroundings because she was on her cell phone or doing her make up or playing with the radio? Or maybe she did see it coming and thought, "This is going to make one heck of a lawsuit...yes!!!" Just a thought. "

    Think before you type wrote on Aug 5, 2008 10:35 AM:

    " To Casey, you say we should know the facts before we comment….then practice what you preach! Where you in the car with the officer? Where you in the car with the fleeing suspect? I think not! We don’t know if the officer tried to radio for other officers or if he did, were any other officer in a position to intercept? Don’t assume that “anger” had anything to do with it, again you were not there. You know what assuming does! "

    cmh wrote on Aug 5, 2008 10:21 AM:

    " (part 2) I work EMS and had to work the rescue call after that drunk was involved in a head on crash that nearly killed a 3 year old and seriously injured 2 others in the truck with the child. Officers cannot wait for a situation to resolve itself, contrary to what so many sue-happy pity-mongers seem to want. They are trained to mitigate and intervene, not to wait and pick up the pieces. TO OFFICERS INVOLVED: thank you, I hope the actions of this "pity me" person do not scare you performing from your job so admirably. "

    cmh wrote on Aug 5, 2008 10:18 AM:

    " Seters is a victim of the drunk, NOT the officers. You may want to think you are the only person who knows anything, but I do know the facts. The officers were chasing a dangerous driver who had already forced vehicles to leave the road and risk inury to avoid death. You can NOT depend on a radio report to reach an officer ahead of you if there is even one available. I have seen officers do that; call ahead and let a drunk just keep driving until they get to a waiting cop. (cont) "

    Casey wrote on Aug 5, 2008 9:47 AM:

    " Not one of you that wrote a comment knows any of the facts of this case or you would not be writing such hateful things(except JJ). The radio is faster than ONE angry officer chasing a drunk for several miles at speeds over 100 mph. What did the police officer think would happen? Where was the officers training?He could have easily radioed ahead and had time to stop traffic in harms way and set up a road block. Setters is a VICTIM!! Know the facts before you comment, this could have been your loved one that almost got killed. "

    Who Protects the Protectors wrote on Aug 4, 2008 1:43 PM:

    " Why sue the lady who hit her. She has no money, she is in jail. Sue the city. It is called "deep pockets". The city has the money and will probably settle. That is what is wrong. Most city, and state agencies settle, and should fight these types of frivolous lawsuits. Oh, and "need change",this isn't about having something "crammed" down your throat. It about being responsible for your actions. It is also called being an adult. "

    JJ wrote on Aug 4, 2008 12:49 PM:

    " While I wholeheartedly agree about giving police respect and the authority they need to do their job I have to disagree that they may not have some liability. They could've elimiated the high-speed pursuit into heavy traffic using their two-way radios. Yes, you should absolutly pull over immediately upon seeing an emergency vehicle with lights and sirens, but it could very well have happened too fast-the article doesn't indicate whether Setters had even seen the emergency vehicles at the time of hte accident. We need more information before we form opinions and making judgements. "

    Shirley G. Platt wrote on Aug 4, 2008 12:33 PM:

    " People under the influence of alcohol should be 100% responsible for all the grief they cause. Let's get to the root, if we want a sober and more safe society. "

    cmh wrote on Aug 4, 2008 3:31 AM:

    " Just out of curiosity, I seem to recall that Alaska Statutes require all drivers to pull over and yield when they see or hear a police vehicle, regardless of the direction of travel or if there is an island meridian in between. So was she hit while pulled over, or while driving in complete ignorance of the multiple lights and sirens? People like this driver seem to think they deserve everything including all rights of way - guess what, you don't. Police officers risked their life for YOU when they pursued this person. Show the respect of worrying FOR them. "

    What wrote on Aug 3, 2008 10:44 PM:

    " So I guess if Police see a crime being commited they shouldn't do anything about it cause someone might get hurt? "

    Trying to get rich quick wrote on Aug 3, 2008 1:36 PM:

    " It is truly sad, when a police officer is trying to protect the citizens of Alaska by trying to get a wreckless driver off the road. It is sad that this accident happend but it seems that this lady is trying to get rich quick. They were doing their job, the lady lost control, why not sue the driver of the one that hit you instead of the good police officers doing their jobs? As for Geico, it is required to ask for additional coverage, maybe you declined it or don't remember them asking. "

    Turn Your Lawsuit toward.. wrote on Aug 3, 2008 1:16 PM:

    " the criminal please. Sorry you got hurt, but suing the police? C'mon! Should they just let them go? "

    need change wrote on Aug 3, 2008 10:36 AM:

    " accountability for ones actions, sound familiar, its used every day against the public, is not the State, Borough,City and Municiple employees bound by it also or are they all above the standard that is crammed down the publics throat. "

    Some questions.... wrote on Aug 3, 2008 9:35 AM:

    " Wow that was one drunk woman! Was she served in a bar? Or did she buy her liquor at a store and decide to consume it while driving around? And who says the drunk woman would have made it to her intended destination without hurting or killing someone anyway? The cops are condemned if the do act and condemned if they don't act. Why blame them? You might as well sue the person who served the alcohol along with the company that made the alcohol. The only winners are the attorneys who ALWAYS get paid by someone. "

    Thankful wrote on Aug 3, 2008 8:36 AM:

    " Thank you police officers everywhere for keeping the public safe! I'm sorry about Setters' injuries, but maybe she should blame the lady who was fleeing police, you know the one breaking the law!! Yes police sometimes have to chase people, but in this instance could you imagine the lives Harper could have changed by getting all the way to Anchorage because no one followed her. So again, thanks to all those who get up each day and take care of the citizens of Wasilla. "

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