bike lawsuit comes to a close

A University Police officer wasn't responsible for injuring a bicycle rider in a September 1994 collision on Locust Walk, a jury ruled earlier this year. Kim Song Suy, 22, sued the University and then-University Police Officer John Newton in February 1996, seeking more than $50,000 in damages. In the civil suit, filed in Philadelphia Common Pleas Court, Suy charged that Newton assaulted him on the 3700 block of Locust Walk after he violated the University's anti-bike riding policy. The case went to trial April 17, and the jury ruled in favor of the University and Newton the following week. The jury found Newton "negligent" in the incident, but "Newton's negligence [was not] a substantial factor in bringing about the harm suffered by the plaintiff," according to the verdict sheet. Newton, 45, who was promoted to sergeant last June, said yesterday that he felt "vindicated" by the verdict, and he denied any wrongdoing in the incident. "My purpose there was to make sure that the Walk was safe for everyone," the six-year University Police veteran said. The dispute began when University Police Officer William Daley stopped Suy on the Locust Walk foot bridge and told him to walk his bicycle, according to court testimony. Suy, who came to the United States from Cambodia in 1980, began to ride again at the bottom of the bridge. After Newton received a radio message from Daley warning him that Suy was approaching, the two collided. Newton wasn't seriously injured in the collision, but Suy suffered various bruises and was sore for two to three weeks, according to testimony. In the suit and in court, Suy accused Newton of intentionally knocking him to the ground. Although Newton admitted in court that his hands came into contact with Suy, he stressed that "I did not intend to push him." "He wasn't going to stop and at that point I was in fear for my health and my safety. So I had to defensively redirect him away from me," he said in court. University Policy bars bicycle riding on Locust Walk from 8:30 a.m. to 5:30 p.m., Monday through Friday, and riders must always walk their bicycles over the 38th Street bridge. In the aftermath of the collision, Suy had recurring nightmares and had trouble passing his classes, according to court testimony and documents. "After the incident I start? having this dream like somehow riding my bike, all of a sudden I falling down the cliff or sometime somebody was just pushing me off," Suy testified. And Doylestown psychologist John D'Alessandro testified that Suy suffered symptoms of anxiety and panic resulting from the incident. Former Penn students Colleen Mastony and Jennifer Manion --Ewho witnessed the incident and wrote a Daily Pennsylvanian guest column calling for Newton's dismissal -- also testified for Suy. Mastony, a 1996 College graduate, declined to comment yesterday on the lawsuit's outcome, but said that she thought "some kind of disciplinary action should have been taken." Suy, who currently lives in Upper Darby, Pa., declined to comment yesterday, and his attorney, Peter Gardner, didn't return repeated telephone calls. The Office of the General Counsel and University spokesperson Ken Wildes also didn't return calls for comment.

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