Thursday, March 11, 1999
Mother sues city after cruiser hit, killed son during chase
BY DAN HORN
The Cincinnati Enquirer
The city of Cincinnati is facing a $3 million lawsuit from the family of a man who was killed when a police cruiser slammed into his car during a high-speed chase.
The mother of Michael Tenhundfeld brought the lawsuit Wednesday in Hamilton County Common Pleas Court.
Mr. Tenhundfeld, 18, was killed at the intersection of Central Avenue and Produce Way as he drove home to Delhi Township from his job at Cinergy Field on June 15, 1997.
Mr. Tenhundfeld's Honda was struck broadside by a cruiser driven by former Cincinnati Police Officer Gregory Berting.
Mr. Berting was attempting to join the police pursuit of Paul Wayne Lovelace.
Mr. Lovelace, who led police on a chase through downtown, was convicted of involuntary manslaughter in 1997 after a jury concluded that he should have known his reckless actions could cause serious harm.
He is serving a 13-year prison sentence.
During his trial, Mr. Lovelace's attorneys argued that Mr. Berting was responsible for the fatal collision because he disregarded police policy for pursuing suspects.
Mr. Berting lost his job and later pleaded no contest to a charge of negligent vehicular homicide in municipal court. He received no jail time and was ordered to perform 200 hours of community service.
The lawsuit, brought by Margaret Tenhundfeld, names the city, Mr. Berting, Mr. Lovelace and Mr. Tenhundfeld's insurance company as defendants.
It seeks $3 million in damages from the city, Mr. Lovelace and Mr. Berting. It also seeks payment on more than $1.2 million in insurance policies and another $1.2 million in damages from the insurer.
The suit claims Mr. Berting showed a “conscious disregard of the rules and regulations” of the police division when he drove through the intersection.
It states that city officials also are responsible because they failed to “adequately train, instruct, supervise and control their employee in the proper performance of his duties.”
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