Judge's ruling allows family of Rockford man killed in traffic stop to continue lawsuit

From Jeff Kolkey's article in the Rockford Register Star

ROCKFORD — A Winnebago County judge has refused to dismiss a wrongful death lawsuit brought by the estate of a motorist killed during a November 2017 traffic stop that also claimed the life of a Rockford police officer. 

The ruling could pave a path for a trial to proceed. 

Rockford city attorneys said the case should be thrown out, arguing there is no evidence Officer Jaimie Cox, 30, acted recklessly during the incident. Cox was killed in the line of duty and Eddie Patterson, 49, of Rockford, was shot and killed after what started as a routine traffic stop.

But in her Feb. 16 written ruling, Judge Lisa Fabiano explained that she by law must view the city’s request for summary judgment and the evidence in “the light most favorable to the plaintiff.”

“If Officer Cox held onto the pickup truck as Mr. Patterson sped away from the scene, a jury could conclude that Officer Cox acted willfully and wantonly, as there is evidence in the record to suggest that such a course of conduct would be reckless,” Fabiano wrote in her decision. 

The case returns to court March 31 when Craig Sandberg, lawyer for Patterson’s estate, says a trial date could be set.

City Legal Director Nicholas Meyer said the city is reviewing the ruling before determining its next steps in the case.

Former Winnebago County State’s Attorney Joe Bruscato cleared Cox of wrongdoing following an investigation by the Winnebago-Boone County Integrity Task Force. In fact, Bruscato at the time said that had he survived it would have been Patterson who would be arrested for murder among other charges.

But Patterson’s estate in a lawsuit filed by one of his two grown daughters is seeking an unspecified amount in damages, accusing Cox of acting recklessly, violating his training and escalating a confrontation with Patterson. 

Cox had stopped Patterson's vehicle shortly after 1 a.m. on Nov. 5, 2017, near the intersection of East State Street and Dawn Avenue. Patterson was driving without a license and the license plate on the 1994 Chevy S-10 pickup belonged to another vehicle and was expired. 

Patterson gave Cox a false name after stopping. At some point during the stop, Cox obtained Patterson’s real name, discovered Patterson was driving without a license and called for backup. Before more officers could arrive, a struggle ensued and Patterson attempted to flee. 

A witness who saw the traffic stop from a McDonald’s drive-thru told authorities that he saw Cox lean into Patterson’s open door. When the vehicle sped off, the witness saw Cox go with it.

Whether Cox somehow became entangled in the vehicle or grabbed on to it remains unknown. Cox’s squad car was not equipped with a dashboard video camera and Rockford officers at the time were not equipped with body worn cameras. 

Patterson was killed by two gunshot wounds, an autopsy found.

Cox was killed when the truck crashed into a tree outside the Unitarian Universalist Church, 4848 Turner St., about two blocks from the traffic stop while travelling at 58 mph. 

Rockford previously settled an uninsured motorist lawsuit filed by Cox's estate for $1 million.

Click here to read the full article on the Rockford Register Star website.