KOULTA v. MERCIEZ

No. 06-1539.

477 F.3d 442 (2007)

Hany F. KOULTA, Personal Representative of the Estate of Sami F. Koulta, Plaintiff-Appellee, v. Officer Daniel MERCIEZ; Officer Robert Wroblewski; and Officer Steven Hilla, Defendants-Appellants, City of Center Line, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 26, 2007.


Attorney(s) appearing for the Case

ARGUED: Julie McCann O'Connor, O'Connor, DeGrazia, Tamm & O'Connor, Bloomfield Hills, Michigan, for Appellants. Iris E. Rubin, Rubin & Rubin, Farmington Hills, Michigan, for Appellee. ON BRIEF: Julie McCann O'Connor, O'Connor, DeGrazia, Tamm & O'Connor, Bloomfield Hills, Michigan, for Appellants. Iris E. Rubin, Rubin & Rubin, Farmington Hills, Michigan, for Appellee.

Before SUHRHEINRICH, SUTTON and McKEAGUE, Circuit Judges.


OPINION

SUTTON, Circuit Judge.

Shortly before 3:00 a.m. on September 13, 2002, Chrissy Lucero drove her 1991 Buick through a red light at 63 miles per hour and broadsided Sami Koulta's 1998 Honda. Koulta died from the collision. No one doubts Lucero's responsibility for the accident: She was intoxicated; she was speeding; and she had just run a red light. And no one doubts the utter misfortune that befell Koulta and his family that night. The police charged...

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