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Judge ends '04 crash lawsuit

A circuit judge says the Sheriff's Office is not responsible for a young woman's death.

By SHANNON COLAVECCHIO-VAN SICKLER
Published December 17, 2005

TAMPA - The driver sped away from a traffic stop, the car wrecked, and a passenger died.

That wasn't the fault of the deputy who tried to stop the car, a Hillsborough circuit judge ruled Friday.

The judge tossed out a lawsuit claiming negligence by the Hillsborough County Sheriff's Office in connection with a crash in March 2004 that killed a University of South Florida student who was a passenger in a vehicle as it fled from a deputy.

The parents of Alicia Nicole Bennington had been seeking $15-million from the 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.

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 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 was cited for speeding and driving with a suspended license.

Cal Warriner, an attorney from West Palm Beach representing the Bennington family, said Friday that if the suit had gone forward, his firm would have proved that the Sheriff's Office lied about not pursuing the car.

"Cops love to chase people, and they rarely break off a chase," he said.

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

[Last modified December 17, 2005, 01:00:13]