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Suit against sheriff's office dismissed

A judge concluded that deputies were not negligent and did not cause the death of a 19-year-old student.

By SHANNON COLAVECCHIO-VAN SICKLER
Published December 16, 2005

TAMPA - A Hillsborough Circuit judge has tossed out a lawsuit claiming negligence by the sheriff's office led to the March 2004 crash that killed a University of South Florida student who was a passenger in a vehicle that fled from a deputy.

Alicia Nicole Bennington's parents had been seeking $15-million from the Hillsborough Sheriff's Office to settle their civil lawsuit.

Sheriff's office attorney Christopher Sabella filed a motion to dismiss the lawsuit, arguing the Sheriff's Office isn't responsible for Bennington's death because she voluntarily rode with Brandon Swensen. He sped off in a 1986 Dodge Daytona after the deputy tried to pull him over for running a red light.

Judge William P. Levens agreed with Sabella.

In an order dismissing the suit, Levens concluded the sheriff's office had no "duty of care" for Bennington, a 19-year-old psychology student. Levens concluded the agency cannot be held liable for her injuries because she willingly got into the car with Swensen, who then refused the deputy's order to pull over.

Bennington's parents had asserted no criminal activity preceded the attempted traffic stop.

However, according to sheriff's records, Deputy James Ennis saw Swensen, 21, drive through a red light at Fletcher Avenue and N Palm Drive. Ennis turned on his flashing lights and drove up behind the vehicle, trying to get Swensen to pull over. But Swensen sped up and drove onto the USF campus, investigators said.

After determining the car was not stolen, Ennis turned off his flashing lights but drove around the campus in search of the Dodge. Department policy forbids deputies from chasing vehicles for traffic offenses.

As the deputy drove toward 131st Street and Bruce B. Downs Boulevard, he saw the car spinning out of control. By the time Ennis got to the intersection, the Dodge had slammed into a pole.

Swensen and Bennington died instantly.

Investigators later discovered that Swensen, who has a criminal history, wasn't supposed to be driving. At the time of the crash, the Florida Department of Motor Vehicles listed his license status as "ineligible," and records show the Tampa man had been cited for speeding and driving with a suspended license.

Attorneys with the West Palm Beach firm Searcy, Denney, Scarola, Barnhart and Shipley, which represented the Bennington family, did not return a phone message Friday.

Shannon Colavecchio-Van Sickler can be reached at 813 226-3373 or svansickler@sptimes.com

[Last modified December 16, 2005, 17:33:03]