Jury Rules for City of Mishawaka in Fatal Police Chase
Table of Contents
Case Background
On December 2, 2020, tragedy struck in a quiet Mishawaka neighborhood when a high-speed police pursuit ended in a deadly crash. Shane Neher and Tammy Duncan’s daughter, 17-year-old Elizabeth Johnson-Neher, rode as a front-seat passenger in a car that lawfully crossed the intersection of 13th Street and Spring Street. At that same moment, a silver Pontiac Grand Prix, fleeing from Mishawaka police officers, slammed into her vehicle. The collision ejected both vehicles’ occupants and claimed Elizabeth’s life instantly.
The grieving parents sued the City of Mishawaka, claiming its police officers had recklessly continued a dangerous chase through a residential area, disregarding the safety of bystanders. The city denied wrongdoing and maintained that its officers acted lawfully while responding to a crime in progress.
Cause
The case centered on whether Mishawaka police officers acted negligently by continuing a pursuit that endangered innocent motorists. Officers had chased a suspect who fled on foot after allegedly kicking in a residential door. The suspect entered the Pontiac driven by Jessie Ricardo Lottie Jr., who sped away. Police followed the car through several residential intersections where the speed limit was 30 mph.
According to the complaint, the pursuit reached unsafe speeds and continued despite the absence of a violent crime or imminent threat. Plaintiffs argued that the pursuit violated accepted safety standards, including the International Association of Chiefs of Police (IACP) Model Policy on Vehicular Pursuits, which advises terminating a chase when risks outweigh the benefits.
Injury
The impact between the fleeing Pontiac and Elizabeth’s vehicle caused catastrophic damage. Elizabeth, who sat in the passenger seat, suffered fatal injuries from the collision. The plaintiffs described her as a careful passenger in a car that obeyed all traffic signals. Her parents, Shane Neher and Tammy Duncan, claimed they endured immense emotional pain and suffering from the loss of their only daughter.
Damages Sought
The plaintiffs sought monetary damages for wrongful death, emotional distress, and loss of companionship. Their complaint asked the court to award compensation covering Elizabeth’s fatal injuries, funeral expenses, and the lasting mental anguish of her family. They also sought costs of litigation and any other relief deemed proper by the court.
Legal Representation
Plaintiffs: Shane Neher | Tammy Duncan
· Counsel for Plaintiffs: Daniel H. Pfeifer | Peter D. Hamann | Benjamin A. Berkman | Stephen H. Weil
Defendant: City of Mishawaka (c/o Mayor Dave Wood)
· Counsel for Defendant: Lisa A. Baron | Matthew B. Knight
Plaintiffs’ Claims
Neher and Duncan accused the City of Mishawaka of negligence through its police department. They asserted that officers had breached their duty to operate official vehicles safely and to consider public safety during pursuits. The complaint listed several failures:
Engaging in a pursuit over a minor property crime
Ignoring pursuit policies designed to protect citizens
Continuing a chase through residential streets lined with homes and stop signs
Failing to properly train and supervise officers on pursuit protocols
The plaintiffs argued that a pursuit in such conditions showed disregard for public safety. They claimed officers should have abandoned the chase once the suspect’s identity became known or once the risks escalated beyond reason.
Defense Response
The City of Mishawaka invoked several affirmative defenses under Indiana law:
Governmental Immunity: The city argued that officers acted within the scope of employment and were protected under the Indiana Tort Claims Act for discretionary functions.
Comparative and Contributory Fault: The city claimed that the fault rested entirely with the fleeing driver, not the police.
No Proximate Cause: The defense insisted that the collision occurred due to the criminal actions of a third party and not from police pursuit tactics.
Public Duty: The defense asserted that the police owed a general duty to the public, not to any specific individual, and thus bore no liability to Elizabeth or her family.
Jury Verdict
After extensive proceedings, the case reached a jury trial in August 2025 before the St. Joseph Circuit Court in South Bend, Indiana. The jury deliberated on whether the city bore responsibility for the fatal accident. On August 22, 2025, the jury returned its verdict.
The jury ruled in favor of the Defendant, the City of Mishawaka, and against the plaintiffs, Shane Neher and Tammy Duncan.
The decision cleared the city and its police department of any negligence or wrongdoing in the death of Elizabeth Johnson-Neher.
The verdict effectively ended the family’s pursuit of damages against the city. Although the judgment delivered closure to the legal process, it left unresolved the emotional toll of a life lost in a moment of chaos. The courtroom fell silent as the foreperson announced the decision another chapter closed in a case that had stirred deep questions about police chases, accountability, and public safety.