YPSILANTI, MI – The city of Ypsilanti is being sued for a 2015 injury crash involving an Ypsilanti police officer.

Anthony Michael Collins, 26, filed suit on April 12 in Washtenaw County against Ypsilanti police officer Ashley Kofahl and the city for damages in excess of $25,000 for injuries he received in the Sept. 10, 2015 crash.

The Ypsilanti man suffered a traumatic brain injury, neck and lower back injuries, leg lacerations and lacerations of multiple tendons in his right leg and foot, according to the complaint. He also suffered injuries that impaired his ability to move his foot.

Kofahl's patrol vehicle collided with Collins' 2001 Nissan Altima at Washington Street and Michigan Avenue in Ypsilanti about 6:50 p.m. Sept. 10, 2015, according to a Michigan State Police incident report written by Trooper Siera Hammond.

Collins was attempting to turn south onto Washington Street from westbound Michigan Avenue when he was struck by Kofahl's patrol vehicle headed eastbound on Michigan Avenue. Kofahl had recently had a call for a silent bank alarm canceled.

She was found at fault.

"Anthony Collins had proceeded through the intersection cautiously," Hammond said in the report. "However, Officer Kofahl's speed of 57 mph in a 35 mph zone, heavy traffic, and no siren due to the silent alarm call all contributed to determining Officer Kofahl was at fault."

In-car video footage from Kofahl's patrol vehicle showed the alarm was canceled and she turned off her emergency lights seconds before the crash.

After the crash, Kofahl can be heard groaning in pain.

Ypsilanti police officer Tommy Porter's in-car video shows he was driving behind Kofahl at the time of the crash. Porter, passersby and officials including Ypsilanti City Manager Ralph Lange can be seen coming to Kofahl's and Collins' aid following the incident.

Lange said he was in the area when he heard the crash and came to help Kofahl.

He said "it's a miracle" that the cars didn't strike the nearby pole or building.

Voices heard on the videos show some at the scene thought Collins was likely at fault in the crash. Kofahl can also be heard asking about the other driver's condition, but those with her did not have an immediate answer.

Collins was suspected to have a head injury after the crash, according to the MSP incident report. Kofahl had a broken ankle.

Kevin Riddle, Collins' Birmingham, Mich.,-based attorney, previously told The Ann Arbor News that Collins has ongoing physical problems due to the crash.

Collins will suffer mental anguish, depression, anxiety, humiliation and wage loss in the future due to the gross negligence that caused the crash, according to the lawsuit.

Ypsilanti police Lt. Deric Gress said due to the pending litigation, neither the Ypsilanti Police Department nor Kofahl would comment on the crash. Kofahl did not respond to an individual request for comment.

Gress previously declined to comment on disciplinary actions taken against Kofahl or police protocols for use of lights and sirens. He said corrective training measures, including a review of policies and emergency vehicle operation training, were taken after the crash.

Michigan law gives special exemptions in driving for police vehicles, even at times when they drive without an audible signal for calls requiring silence. However, police vehicles can only exceed the speed limits as long as they do not endanger life or property.

Ypsilanti City Attorney John M. Barr said the city received the lawsuit and has sent it for review by the city's insurance providers through the Michigan Municipal League Liability and Property Pool.

http://www.mlive.com/news/ann-arbor/index.ssf/2016/04/man_sues_ypsi...

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I think the silent alarm should be used only in areas of low traffic volume. It doesn't make sense to risk the lives of innocent people just to catch a thief. She was going way to fast for the circumstances involved and I don't know if this could have been avoided even if she had her siren and lights engaged. She should have slowed down when nearing that intersection. I also see fault in how the other driver entered the intersection. He should have proceeded more slowly to determine if another vehicle was coming toward him in the other lane. It's just lucky that nobody was in the passenger seat or there would have been a corpse to remove for that car.

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