By Shea Johnson
The News Tribune
PUYALLUP, Wash. — A Pierce County Superior Court judge has dismissed a lawsuit that accused local authorities of negligence after a Puyallup woman was arrested for DUI but actually had suffered a stroke.
Jane Carhuff and a family representative sued the city of Puyallup and Central Pierce Fire & Rescue more than three years after her November 2019 arrest for which charges were dismissed, alleging that Puyallup police ignored protocol for DUI testing and firefighters rendered a medical opinion without the necessary expertise.
As a result, the 54-year-old postal worker spent more than three hours in custody reportedly acting strangely. A day or so after Carhuff returned home and her condition — alleged to have been the product of drug intoxication — didn’t improve, her family took her to a local hospital where she was diagnosed with having suffered a massive stroke, according to the suit.
The delay in receiving medical care significantly worsened Carhuff’s chances of recovery, and she continued to suffer strokes until her death in September 2023, according to the suit and her obituary.
In separate motions filed in court, the city of Puyallup and Central Pierce Fire & Rescue denied wrongdoing and sought to dismiss the case. Earlier this month, Judge TaTeasha Davis granted their motions, ending the case before a scheduled April trial, court records show.
“We were all stunned,” attorney Darrell Cochran, one of the lawyers representing Carhuff and her family representative, said in an interview Tuesday.
Cochran said the plaintiffs’ legal counsel planned to appeal Davis’ decision and, if successful, the case’s trial date would be reset.
The case hinged on whether Carhuff exhibited obvious signs of a stroke after she caused at least two crashes on her way to a doctor’s appointment. Attorneys for the city argued the plaintiffs’ own experts admitted she was not clearly showing such signs and that her behaviors were consistent with intoxication.
In a statement Wednesday, Puyallup City Attorney Joseph Beck expressed “deepest condolences” to Carhuff’s family on behalf of the city, calling her death “a profound tragedy.”
“We are grateful that the court, after a thorough review of all the facts presented, has determined that the City met the highest standard of care expected of law enforcement,” Beck said.
Central Pierce Fire & Rescue, which examined Carhuff prior to her arrest, argued in a court filing that emergency medical technicians acted appropriately.
“Central Pierce Fire & Rescue is committed to providing the highest standard of emergency medical care to our community,” a department spokesperson said in a statement Wednesday. “Our focus remains on serving with professionalism and compassion.”
Morning drive turns frantic
On Nov. 11, 2019, feeling ill, Carhuff embarked on a roughly 20-minute drive to a doctor’s appointment after eating breakfast with her brother’s wife and daughter, both of whom described her as acting normally, according to the lawsuit.
En route to her doctor, Carhuff suffered a medical emergency, inadvertently causing three crashes that badly damaged her vehicle before she arrived at her doctor’s office, a clinic at 610 S. Meridian, where she entered through the reception area and waited to be seen, the suit said.
All the while, Puyallup police frantically sought a hit-and-run driver, spurred by 911 calls from crash victims, including one who provided license plate information, according to the suit. Officers identified Carhuff as the suspect and learned her whereabouts from family upon visiting her home, leading police to respond to her doctor’s office, the suit said.
Central Pierce Fire & Rescue (CPFR) personnel also arrived at the scene.
The lawsuit alleged that Carhuff was mistreated by police and firefighters, despite purportedly being confused, disoriented and manifesting the effects of someone having a stroke.
Fire personnel conducted their own medical assessment, instead of consulting with Carhuff’s doctor or taking her to a local hospital roughly 300 yards away, according to the suit. Only Carhuff’s blood sugar was tested after she reportedly referenced being diabetic, the suit said, adding that CPFR concluded that she wasn’t in medical distress but under the influence of an unknown intoxicant.
In arresting Carhuff, police officers were accused of failing to follow standard DUI protocol by not conducting field-sobriety tests or contacting a drug-recognition expert, according to the suit.
In a response filed in court, the city of Puyallup did not dispute that Carhuff had been unsteady on her feet and unable to follow simple instructions; that three EMTs who examined her had reported finding no medical problem; or that she was later diagnosed with a stroke.
However, the city said it was reasonable for officers to conclude that Carhuff was intoxicated. In particular, Carhuff told officers she had taken the prescription sedative Ambien and severe-cold medication that morning, the city’s defense counsel said, noting that an expert witness for the plaintiffs acknowledged that Carhuff’s symptoms aligned with the effects of the sedative.
“It is undisputed she had something dry and crusty on her lips, had bloodshot and watery eyes, and her face was flushed,” the city’s legal counsel wrote in a court filing. “It is undisputed she acted confused.”
The plaintiffs’ legal counsel denied that Carhuff had taken prescription or other medication that would have impaired her ability to drive.
Other details were in dispute or later changed.
For instance, the two sides disagreed on the number of crashes Carhuff had been involved in on the way to her doctor’s appointment: The city said two, but Cochran told The News Tribune that it was indeed three.
The city also noted that Carhuff had been in custody in the Puyallup Jail for fewer than three hours before she bailed herself out. The original and amended lawsuits said bail was posted roughly eight hours after her arrest, but plaintiffs later reduced that time frame to three-plus hours in a subsequent filing, which Cochran said resulted from further investigation.
“We consider it a very strong case and one that’s very solidly on legal grounds,” he said Tuesday, insisting that there had been “absolutely no basis” for Carhuff’s arrest.
Law enforcement has an obligation to not worsen the health condition of people with whom it interacts, he said, “which is exactly what happened in this situation.”
Beck said the city of Puyallup would remain dedicated to fostering a safe and supportive environment for all of its residents.
“We understand the impact this case has had on the Carhuff family, and we continue to extend our heartfelt sympathies,” he said.
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