The Denver City Council on Monday will consider settling for $150,000 a claim filed on behalf of a woman who received “a traumatic brain injury” after an undercover police officer ran his unmarked vehicle into hers during a high speed chase of a suspected gang member.
The Aug. 22, 2007, crash “literally turned upside down” the world of Edith Mack, who was a tutor in English as a second language at Molholm Elementary School in Lakewood, stated the claim, filed in February.
The collision occurred after the officer, Clement David Bourgeois, exceeded the speed limit and ran a stop sign while driving a black undercover Dodge pickup with neither lights nor sirens.
The claim stated that Mack suffered “painful and permanent injuries,” including numerous fractures, abdominal trauma, contusions and a brain injury.
“As a result of the injuries suffered, Edith Mack was confined to a hospital and then to a rehabilitation facility, unable to bear weight at all,” according to the claim. “Her healing has been quite slow, as these are large bones which must completely knit in the healing process before it is safe to walk. She remains head injured as well, with significant cognitive deficits.”
The claim was filed with the city attorney’s office. It states that federal litigation also will be pursued, though no federal lawsuit was filed by this afternoon. Mack’s attorney, Scott Robinson, declined comment.
Bourgeois was charged with a misdemeanor traffic violation, but he was acquitted by a Jefferson County jury. An internal affairs investigation by the Denver Police Department is still pending. The collision occurred about two blocks from the school where Mack taught. She was headed home at the time.
The City Council agenda specified the dollar amount of the proposed settlement without naming the case. Assistant City Attorney David Broadwell confirmed that the proposed settlement involved Mack.
Christopher N. Osher: 303-954-1747 or cosher@denverpost.com
