CLEARLAKE – The attorney for a Kelseyville woman said he plans to file a lawsuit against the City of Clearlake for a traffic collision last fall in which his client's vehicle was hit by a police patrol car.

The office of attorney Tibor Major confirmed this week that he would file a suit in Lake County Superior Court on behalf of Desiree Chantal Perez, 19.

Perez was driving through Clearlake on Nov. 17 when she was hit at the intersection of Highway 53 and Lakeshore Drive by Clearlake Police Det. Richard Towle's patrol car, as Lake County News reported last fall.

Towle was on his way to an emergency call involving a man threatening an off-duty Clearlake Police officer.

Although Towle had his lights and siren on, at the time Clearlake Police reported that “natural vision obscurements” prevented Perez and other drivers at the intersection from seeing Towle until he was actually in the intersection.

Clearlake Police's investigation into the crash ruled that Towle was at fault because he failed to ensure that all cross traffic at the intersection had come to a stop, which violated the need to drive with “due regard” to the safety of other people on the road.

Both Towle and Perez were treated for minor injuries after the crash.

Perez filed a claim against the city on Feb. 6, which sought $5,262.70 in medical expenses, $50,000 for pain and suffering, and lost earnings with “unknown” stated under the amount.

At its Feb. 14 meeting the Clearlake City Council, at the suggestion of city staff, voted 5-0 to reject Perez's claim against the city.

City Clerk Melissa Swanson told the council that the city's third party claims administrator is currently investigating the claim.

If the claims administrator were to determine the city was at fault, the city could offer a settlement, up to $50,000 of which would come from city funds, said Swanson. Any amount over that would come from a liability program offered by the Public Agency Risk Sharing Authority of California.

Swanson said that, following the city's rejection, Perez has six months to file a lawsuit.

Major's office said the monetary amount that would be sought in the lawsuit had not yet been decided.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it..

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