Man struck by patrol car files $2.75 million claim against county

EVERETT — A Lake Stevens man has filed a $2.75 million damage claim against Snohomish County after he was struck by a sheriff’s office patrol car and seriously injured last fall.

“The bottom line is we are still investigating, but I suspect we will file a lawsuit,” Everett attorney Todd Nichols said.

The accident occurred shortly before 3 a.m. Oct. 11 along Highway 92. The man was walking between Callow Road and 99th Avenue NE near Lake Stevens.

Steven R. Smith, 51, was taken to Harborview Medical Center in Seattle where he was treated for broken bones and a head injury. His medical bills are approaching $400,000.

“Medical expenses for treatment are ongoing and expected to be lifelong,” according to the damage claim.

A sheriff’s office accident report said Smith was walking in an eastbound lane, was wearing dark clothing and was using earbuds in the rain. A 911 caller around the time of the accident reported nearly hitting a man in the roadway.

The claim for damages contends Smith was walking along the shoulder of the highway.

Nichols said Smith had a routine walking route and would carry a flashlight to shine at his feet for oncoming traffic.

The claim alleges the deputy “drifted to the right into the shoulder, striking Mr. Smith and seriously injuring him, including multiple fractures and a closed head injury.”

The deputy, who has been with the sheriff’s office for four years, was on routine patrol duty. He reportedly was driving below the 55 mph speed limit. The deputy told investigators he never saw the pedestrian before he was struck.

The crash investigation was reviewed by sheriff’s office command staff, which determined the deputy was not at fault because the accident was deemed nonpreventable, sheriff’s office spokeswoman Shari Ireton said.

Jason Cummings, the county’s chief civil deputy prosecutor, said he could not discuss details of the case.

“We received a claim, we’re reviewing it and will respond accordingly,” he said.

Eric Stevick: 425-339-3446; stevick@heraldnet.com.

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