A woman from Washington state has filed a lawsuit claiming that she was wrongfully arrested for a DUI following a car crash while she was actually experiencing a medical emergency. The ordeal she went through to receive prompt medical treatment resulted in a severe traumatic brain injury that will affect her for the rest of her life.
A woman named Nicole McClure, 38, has filed a lawsuit claiming that she was subjected to ridicule by authorities for being intoxicated. She alleges that on March 21, 2022, she was offered more alcohol at the Thurston County Jail and was only taken to the hospital the following morning after being found unresponsive in a puddle of urine on the jailhouse floor.
A lawsuit has been filed against Thurston County, the jail, and Washington State Patrol (WSP), accusing them of negligence, breach of duties, and vicarious liability. According to Chris Loftis, a WSP spokesperson, the agency refrains from providing comments on ongoing legal matters. The trooper involved faced no disciplinary action, according to his statement.
The complaint obtained by Law&Crime details the allegations that arose from an incident that occurred one evening in March. McClure was involved in a collision due to a medical emergency while driving home from work.
Prior to the accident, a trooper observed that her vehicle was moving at a significantly reduced speed. With lights and sirens blaring, McClure’s vehicle stubbornly pressed on in a slow westward journey.
The trooper turned off his lights and sirens and requested assistance. McClure’s vehicle collided with the center of a roundabout at a traffic circle in Olympia. Her vehicle was severely affected.
According to court documents, she was apprehended at gunpoint, handcuffed, and was not administered a Breathalyzer or roadside sobriety test. Upon observation, it was evident that her eyes were bloodshot and her speech was repetitive and slurred. Her eyelids were shaking uncontrollably.
The complaint stated that the plaintiff’s behavior was described as erratic and that she had difficulty following simple instructions, according to troopers.
According to the lawsuit, the woman was transported to a hospital and had her blood drawn. However, the trooper allegedly failed to inform the medical staff about the crash.
According to court documents, McClure was taken into custody and charged with DUI and felony eluding after the hospital visit. McClure was then booked into the Thurston County Jail.
According to court documents, jail staff allegedly mocked and ridiculed the plaintiff, making fun of her for her intoxication.
She was discovered the following morning in an unresponsive state, surrounded by her own urine. She was unable to remain upright and started vomiting heavily. She was brought to a hospital emergency department a few hours later.
The medical staff swiftly brought her into the operating room. A surgical procedure was performed to alleviate pressure and preserve the patient’s brain function. She spent 17 days in the hospital.
According to court documents, the treatment delay led to the development of sunken brain syndrome, requiring a cranioplasty and resulting in a long-term decrease in cognitive abilities.
She still experiences symptoms of hemorrhage and a severe brain injury. According to her lawyer, she is unable to work and her life will never be the same.
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