Mount was left comatose in 2013 after falling from scaffolding while being chased by police. He died in 2014.
The defendants from Saratoga Springs were seeking a summary judgment in the case and cited his fall as the sole cause of his eventual death. Mount’s family’s lawsuit claims that was not the case. In reviewing the case, the judge reviewed officer testimony and ruled the case cannot be resolved by summary judgment.
The city is planning an appeal of the ruling, but currently, the trial is set to begin on October 2.
Saratoga Springs Mayor Ron Kim issued the following statement:
“Notwithstanding any appeal, I support going to trial as soon as possible. I understand there are other ways this could resolve but I feel using our jury system is the best way to finally put the case to rest and provide closure for the Mount Family and the City of Saratoga Springs. I hope Justice Buchannan will schedule a jury trial as soon as practicable.”