A civil suit was filed in the State Court of Hall County on March 13 against the City of Gainesville following a 2023 crash between a civilian and a Gainesville Police Officer.
The suit claims that officer Zachary Marise was traveling on E.E. Butler Parkway when he “negligently and recklessly operated the Utility Vehicle by disregarding and failing to Obey Traffic Control Device.”
Marise entered the intersection at a high rate of speed and t-boned the plaintiff’s vehicle, causing it to flip and roll according to the suit.
The crash report in the filing said the patrol vehicle had its lights and sirens activated on E.E. Butler before entering the intersection with Jesse Jewell Parkway with a red traffic signal. The report claims Marise failed to obey the light and struck the left side of the plaintiffs’ vehicle, causing it to overturn.
The plaintiffs, Orbelina Guevara-Villatoro; Samuel Villatoro; and Moses Villatoro, claim they suffered severe bodily injuries, property loss, and damages due to the incident.
Their attorney, Robert Chambers, III from Coleman, Chambers, and Rogers LLP claims Marise had a duty to the plaintiffs and breached those duties when he failed to drive his patrol vehicle with due caution.
Chambers also claims that the plaintiffs have suffered emotional distress, personal inconvenience, mental and physical pain and suffering, lost wages, and loss of employment due to the collision.
The Villatoros are seeking compensation for all of their injuries, special damages for past and future medical expenses and lost wages, and the attorney’s fees.
The filing claims that Orbelina Guevara-Villatoro and Samiel Villatoro’s damages could exceed $500,000 and will likely be in a range of up to $1,000,000 each.
It also says that Moses Villatoro’s damages could exceed $400,000 and will likely be in the range of up to $700,000.
That's a total of roughly $1.4-million to $2.7-million in damages.
