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Officer's Family To Sue County Over Fatal Crash

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By DAVID SOMMER

The Tampa Tribune

Published: May 19, 2008

NEW PORT RICHEY - Attorneys 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, a 20-year police veteran, was killed when a Pasco County Engineering Services Department employee turned his county-issued Ford Ranger into Guerrero's path as he rode his new Harley-Davidson south on U.S. 41 about a mile north of Gowers Corner.

Although it was a clear day, county employee Daniel Whipple told bystanders he did not see the motorcycle as he turned left from the northbound lane of U.S. 41.

Witness Rosario Fierro said he heard the crash and turned to see the off-duty officer flying through the air and into the northbound lane.

Fierro said a work crew of jail trusties was picking up trash along the road and a detention deputy made the 911 call.
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.

The sons, ages 15, 20 and 22, live in North Carolina. They will ask the Florida 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," the attorney said.

A second notice of intent to sue, filed on behalf of Guerrero's widow, Lara, also has been received by the 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 Pasco officials and the Florida Highway Patrol investigate his role in the wreck, Keaton said.

Trooper Larry Coggins said charges against Whipple are pending because it's a homicide investigation and the report likely will take time to complete.

Miami lawyer Dennis Alan Koltun, who filed the notice to sue on behalf of Lara Guerrero, couldn't be reached for comment. Hernandez said Koltun had told him he would not be talking to reporters.

Reporter David Sommer can be reached at (727) 815-1087 or dsommer@tampatrib.com.

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