ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Saturday, November 16, 1996 TAG: 9611180045
SECTION: VIRGINIA PAGE: C-3 EDITION: METRO
SOURCE: CHRISTINA NUCKOLS STAFF WRITER
The father of a man killed when his car was struck by another vehicle that had been pursued by police has submitted a $500,000 claim against Roanoke County.
Thomas Faucher's attorney notified county officials on Oct. 25 that he was filing a wrongful death claim. The claim will be considered by the Board of Supervisors at its 7 p.m. Tuesday meeting.
Faucher and his attorney could not be reached for comment Friday.
Faucher's son, Thomas Faucher Jr., died April 21 in a collision at the intersection of Plantation Road and Williamson Road. Also killed were Lori Mason and the couple's infant daughter, Joleen Faucher.
Faucher Jr.'s vehicle was struck by a car driven by Scott Allman, who had led police on a chase that reached speeds of 90 mph. Police had stopped chasing Allman shortly before the fatal crash occurred.
Allman pleaded guilty to three counts of manslaughter and was sentenced to 15 years in prison.
State law requires wrongful death claims to be submitted against a local government body before any lawsuit can be filed. If the Board of Supervisors denies the claim, Faucher can then file suit in Roanoke County Circuit Court.
County Attorney Paul Mahoney is recommending that the supervisors deny the claim. He said an investigation by county officials found that the police were not negligent and that Allman was solely responsible for the crash. Mahoney said similar court cases have absolved localities of liability for automobile accidents resulting from police pursuits.
Supervisor Chairman Bob Johnson said the board is likely to deny the claim.
"We very seldom stray from staff recommendations, especially when potential litigation is involved," he said.
Mahoney said the county receives 40 to 50 claims annually, usually for much smaller amounts resulting from fender-benders with county-owned vehicles, sewer backups and other minor incidents. All claims are investigated, and some do result in payment where a county employee is found to be negligent.
LENGTH: Short : 45 lines KEYWORDS: FATALITYby CNB