It's City Versus County in Injured Officer Subrogation Suit

Friday, December 18, 2020 | 0

What happens when a deputy sheriff injures a city police officer during a scuffle with a suspect? Workers' comp benefits for the police officer, then a subrogation action against the county sheriff's department, in this case.

In Danville, Kentucky, the Kentucky League of Cities' Workers' Compensation Fund filed a lawsuit this month against the Boyle County Sheriff's Office. The suit seeks reimbursement for comp benefits paid to Danville Police Officer Aaron Sparks after he was injured by a sheriff's deputy, according to the Advocate-Messenger newspaper.

The April incident happened like this, the newspaper reported: A suspect fled from Deputy Kody Cloud, then crashed his vehicle into a house. Danville police showed up to assist. But when the suspect resisted arrest, Cloud swung his flashlight, which hit Officer Sparks in the hand.

Sparks was treated for the injury, filed a claim and received compensation benefits.

Now, the League of Cities' compensation fund argues that the deputy acted negligently and that the Sheriff's Office failed to properly train him.

The comp fund “is entitled to recover from the BCSO and Defendant [Derek] Robbins, in his official capacity as the Boyle County sheriff, the value of all payments it has made and continues to make to or for the benefit of Officer Sparks … plus costs, pre-judgment and post-judgment interest at the legal rate, and attorney’s fees,” the suit reads.

“It’s not unusual to see these kinds of subrogation cases,” said Temple Juett, Kentucky Association of Counties insurance director.