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Police Officer's Family Intends To Sue County Over Death
Tribune file photo by CHRIS URSO
Off-duty Tampa police officer Victor Guerrero was riding his motorcycle when he was killed in a collision with a van in Land O'Lakes May 1.
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Published: May 15, 2008
Updated: 05/15/2008 06:22 pm
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Victor Guerrero
NEW PORT RICHEY - Lawyers for the sons and wife of a Tampa police officer killed in a May 1 motorcycle wreck have put Pasco County on notice of their intent to sue for damages.
State law requires plaintiffs to provide six months' notice of a lawsuit against any government entity. The law of "sovereign immunity" also caps damages on such lawsuits at $100,000 per individual and $200,000 per incident.
Master Patrol Officer Victor Guerrero, 47 and a 20-year police force veteran, was killed after a Pasco County Engineering Services Department employee turned his county-issued Ford Ranger pickup into the off-duty officer's path as Guerrero rode his new Harley-Davidson motorcycle south on U.S. 41 about a mile north of Gowers Corner.
Although it was a clear day, county employee Daniel Whipple told bystanders that he did not see the motorcycle as he tried to turn left from the northbound lane of U.S. 41.
Tampa attorney Martin J. Hernandez, who is representing Guerrero's three sons from his first marriage, said his clients will seek at least the $200,000 maximum from the county.
The three sons, ages 15, 20 and 22, live in North Carolina, Hernandez said. They will also ask the state Legislature to pass a claims bill granting them damages above the $200,000 cap and may seek additional compensation from the county's insurer, Hernandez said.
"The three boys are taking it hard. They worship their father," Hernandez said.
A second notice of intent to sue, filed on behalf of wife Lara Guerrero, also has been received by the Pasco County attorney's office, county spokesman Eric Keaton said Thursday.
Whipple, 53, of Hudson, remains on administrative duties, meaning he is not driving a county vehicle, while the county and the Florida Highway Patrol complete their investigations of his role in the wreck, Keaton said.
Highway patrol trooper Larry Coggins has said charges against Whipple are pending. Coggins said Thursday that because it's a homicide investigation, the highway patrol's inquest will likely take some time to complete.
Reporter David Sommer can be reached at (727) 815-1087 or dsommer@tampatrib.com.
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Reader Comments
Posted by ( gina1108 ) on May 15, 2008 at 5:56 p.m. ( Suggest removal )
While I think it's horrible that this family lost thier Father, suing the county is just crazy.
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Posted by ( Old_FL_Crab ) on May 15, 2008 at 6:56 p.m. ( Suggest removal )
Lets see three sons from PREVIOUS marriage will seek the maximum, Of course they will. They live in North Carolina but 'worship' their father, Of course they do. They would like the State to grant them money above the $200,00 cap, Of course they would. In Florida court, I don't think a 22 year old 'child' has a claim anyway.
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Now to PRESENT wife Lara, if ANYBODY gets money out of this suit, SHE should be top on the list. For MOST if not all, of the award. See 'present' part.
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Speculation....Is some folks in North Carolina missing 'child support' checks?
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Posted by ( connie63 ) on May 15, 2008 at 7:06 p.m. ( Suggest removal )
I'm sorry for the family's loss but Ofc Guerrero contributed to his own death by not wearing a helmet. This should definitely be a mitigating factor in any lawsuit. It amazes me that a LEO with over 20 yrs experience, which has to include working and witnessing many accidents and fatalities, would ride a motorcycle without a helmet. For those of you wondering where I got the info that he wasn't wearing a helmet, go back and read the original article.
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Posted by ( Petey90 ) on May 15, 2008 at 7:16 p.m. ( Suggest removal )
Wearing a helmet would not have saved him in this accident. It's already been acknowledged. It's not a mitigating circumstance in this particular case and unfortunately there is no helmet law here.
I agree that the wife should sue for herself and her minor children. There is nothing wrong with suing a person who was negiligent in causing a persons death. That is what the law is on the books for. Had the county worker not pulled out in front of the officer illegally, he would be alive today, to care for his wife and young children.
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Posted by ( flaborn ) on May 15, 2008 at 8:06 p.m. ( Suggest removal )
With all the budget cuts our communities are facing,(school programs, libraries, emergency workers & law enforcement) something has got to be done about all the law suits people file after an accident. What a sad statement this says about our society. They have 6 months to file a petition but these people file 14 DAYS after their "loved" ones pass on. I am sorry but if my Father or husband was killed, I would not be thinking lawsuits 14 days after!!! I question the kids motives. Two are adults. Of course the current wife probably needs some compensation, but you better believe this kind of thing happens because all the ambulance chasing lawyers are flooding their mail boxes with solicitations. Does anyone remember the good ole days, not that long ago, when lawyers were not allowed to solicit their services on TV? We dropped that ball somewhere, and the lawyers ran it for a touchdown.
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Posted by ( darkhappy ) on May 15, 2008 at 8:07 p.m. ( Suggest removal )
Thank you Petey - I hope your case goes well.
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Posted by ( hemi_girl ) on May 15, 2008 at 8:18 p.m. ( Suggest removal )
Petey90, How can you say that the county worker pulled out in front of the officer illegally when Highway Patrol Officer Larry Coggins says the investigation is still going on and charges are pending???
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Posted by ( Primus ) on May 15, 2008 at 8:38 p.m. ( Suggest removal )
Residents will pay for this in higher taxes if this thing goes above the limit. He should have had additional life insurance coverage for accidental death.
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Posted by ( Old_FL_Crab ) on May 15, 2008 at 9:01 p.m. ( Suggest removal )
Hemi_girl, 6:22 PM update says "turned his county issued pick-up truck into officers path." I gotta read that as illegal turn, failure to yield right-of-way. "Charges pending" means they are figuring out how MUCH to charge him with. Failure to yield, illegal turn, vehicular homicide, etc. Agree?
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Posted by ( Jabarten ) on May 15, 2008 at 9:06 p.m. ( Suggest removal )
Though a tragic incident, the lawyers involved are wasting their time. The law clearly states a max of $200,000 per incident...not how many is grieving and wants the money....
The government and legal authorities cannot be wondering day in and day out if the wrong move they make will cost them millions of dollars an incident.
The truth hurts, but that's just the way it goes....just my views....
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Posted by ( 3rd_POV ) on May 15, 2008 at 9:41 p.m. ( Suggest removal )
More ambulance chasers and vultures.
I guess the only person with honor in that family has already died...
all thst's left are greedy leeches.
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Posted by ( flaborn ) on May 15, 2008 at 10:17 p.m. ( Suggest removal )
3rd_POV: My thoughts exactly. RIP Officer Guerrero.
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Posted by ( Scott ) on May 15, 2008 at 10:37 p.m. ( Suggest removal )
I'll try to keep this as short as possible but Tampa PD's pension plan is unique and the death of this officer will have a major financial impact on his family. At 20 years of service, Victor would be eligible for 63% of his pay in retirement. Because of his death, the wife is eligible for 65% of that retirement which brings the family income down to 41% of Victor's pay. His wife will get an additional 15% for the minor children but will be back to the 41% when they reach 18. Victor also lost out on the opportunity to participate in the deferred retirement option plan ( DROP ). The 5 years he could have spent in the program would yield his family 200-250K. That money is now unavailable for his family. So even if his wife collects 200K from Pasco County, it will still be a lot less in family income. She is taking a 43% drop in her husbands income right now and it will be a 59% drop when her kids turn 18. I don't know too many people that can take that type of financial hit without causing major financial problems. Maybe we should cut this wife, who just lost her husband, a little slack.
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Posted by ( Claylisa ) on May 15, 2008 at 10:54 p.m. ( Suggest removal )
IN this economy if suing gets you paid. Do it. All those hatin' and being judgemental know you would too. So shut it!
Nice job Daniel Whipple not paying attention you dork.
Motorcycles are everywhere...look three times if you have to idiots.
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Posted by ( buckwheat ) on May 16, 2008 at 12:08 a.m. ( Suggest removal )
The county should be sued for allowing Dan Whipple with his terrible driving record to be behind the wheel. It is high time for people to look and SEE what is coming down the road before they pull out and violate someones right of way. These are not accidents, but wrecks caused by human negilgence. This negligence takes people away from their families forever. The bs 'I didn't see him' doesn't cut it. You put the key in the ignition, it is your responsibility to see everything in front of you. Lastly, new Harleys have lights on that cannot be turned off. This guy has a record of this type of careless driving. Too bad the suit can't be higher.
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Posted by ( chief94 ) on May 16, 2008 at 10:36 a.m. ( Suggest removal )
why is the county being sued? is it because the people know that they would not get a dime from the driver but they could from the county since most times it is settled out of court ? hey the next time you have a accident and get injured, sue the car maker and the person who sold you the car, forget about the one who caused it, just go for the money.
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Posted by ( darthgirlthing ) on May 16, 2008 at 3:36 p.m. ( Suggest removal )
It seems to me this is more like involuntary manslaughter, not a homicide.
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Posted by ( Petey90 ) on May 16, 2008 at 4:46 p.m. ( Suggest removal )
I don't understand why everybody is against his wife suing the guy whos is so OBVIOUSLY negiligent.
I'm just not getting it.
If your husband/wife died this same way, you would RUN to the phone, and don't say you wouldn't.
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Posted by ( krystal_ina35 ) on May 17, 2008 at 1:23 p.m. ( Suggest removal )
Why should the first wife get everything? He got no kids with her.
In the other hand, the mother of his sons is doing this for them not for her.
THEY ARE ENTILED OF HIS FATHER PENSIONS AND BENEFITS. But by law everything will go to the first wife. is that fair?If I recall correctly, he was only married with new wife 1 year. in comparison with the ex wife over 20 years.
have you asked yourself, the passing of their father how inpacted the boys? NO, you havent met the boys or seeing them.
You think it is all about $$$ here. Or why they didnt wait to file and instead they did it with 14 dys of his passing.
Do you know the circustances? May be the first Ms. Guerrero needed to do this before going back home. In the other hand, the now wife, she should have waited to filed since she lives in FLa, instead she did it right away. whats her excuse?
Why always judging people? put your self in the kids' shoes, they wont have no more time with his father. No Christmas, Birthdays, father's day, school graduation, etc... They are the one devastated over this. and we have people judging with out a cause.
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