Trio Seeks $150K After Crash With Pa. Police Cruiser

Three Reading residents injured when a city police car crashed head-on into their minivan on the Bingaman Street Bridge in April have sued the officer, the city and the police department in federal court.

Driver Freddie Perez-Garabito, then 22; Isa Marie Mota-Medina, then 18; and Xavior A. Sosa, 18, filed the suit in U.S. District Court in Philadelphia and are seeking more than $150,000 in damages.

Gismar Ramirez, the wife of Perez-Garabito, also is a plaintiff in the suit.

Carl E. Geffken, city managing director, said the city had no comment on the suit.

They claim city Police Officer Daniel Cedeno-Erazo on April 15 was speeding southbound on the bridge, despite heavy traffic, without lights or siren, and was talking on his cellphone.

They said he suddenly veered into the oncoming northbound lanes to avoid traffic ahead of him, and slammed into the plaintiffs' minivan.

City police said at the time Cedeno-Erazo was responding to a call of a theft in progress on Lancaster Avenue.

They also had said the patrol car's lights and siren both were activated.

After the crash, the plaintiffs say, city Police Chief William M. Heim said Cedeno-Erazo had made tactical errors regarding speed and lane changes and that he likely would recommend disciplinary action and retraining for him.

Perez-Garabito and Moto-Medina were admitted to Reading Hospital in critical condition, suffering numerous broken bones and other serious injuries that left them with permanent injuries, the suit says.

Sosa suffered broken bones and other injuries that are permanent, the suit says. It says Ramirez will have expenses for Perez-Garabito's injuries and will be deprived of his companionship.

Police said Cedeno-Erazo suffered minor injuries and was admitted to Reading Hospital for several days.

County detectives investigated the crash. In June, they recommended no charges be filed.

The plaintiffs are suing Cedeno-Erazo for his actions and the police department and city for not training him properly or banning what they claimed was his use of a personal cellphone while responding to a call.

McClatchy-Tribune News Service