Facts

Elizabeth Escalante claimed that she pulled her vehicle over onto a residential street near the Silverlake Blvd. exit in Los Angeles to smoke a cigarette. She further claims that while she was sitting in her stopped vehicle, two Los Angeles Police Dept. officers approached her and subsequently questioned her during the traffic stop. She eventually exited her vehicle during the incident where she alleges that she was subsequently assaulted, arrested and charged with interfering with an investigation. The charge was ultimately dismissed.

Escalante sued the officers involved for assault, battery, intentional infliction of emotional distress, and negligence. The matter proceeded as against one officer only, Officer Adams.

The other defendants, Palacios and Ramos were dismissed as defendants before trial.

PLAINTIFF'S CONTENTIONS:
Plaintiff did not know why the defendant initially stopped her as she was legally parked at the side of the road, smoking a cigarette. She contended that when the officers asked what she was doing she showed them that she was smoking a cigarette. She then contended that defendant Adams searched her person as she sat in the car, told her to get out of the car and searched her car, ripping upholstery and carpeting in the vehicle during the search. Moreover, she contended that the defendant found no evidence of drugs or drug paraphernalia, but attacked the plaintiff when she asked to have a superior officer called to the scene. The plaintiff contended that the defendant stomped on her foot, hit her in the head and the stomach and put her left arm and hand in a rear wrist lock resulting in the breaking of her left arm.

DEFENDANT'S CONTENTIONS:
Defendant contended that he believed Escalante was using narcotics in a high-narcotics area of the Rampart Division. They denied seeing a cigarette in the plaintiff's hand and denied searching the plaintiff or her car. Moreover, the defendant contended that the plaintiff was belligerent and tried to physically assault him. Defendant further contended that the plaintiff broke her arm when she dropped her body while the defendant had her arm in a wristlock.

Damages

Escalante sought $14,600 in past medical bills and in between $3,000 to $5,000 per year for her future medical bills.

Injuries

Escalante sustained a fracture to her left, non-dominant arm and an impingement on her left shoulder as well as bruises and scrapes to her knees. She wore a cast for nearly a year and treated with physical therapy. She continued to suffer from pain, weakness, numbness and range of motion issues in her upper arm.

Result

The jury returned a verdict in favor of Escalante (9-2) and awarded her $510,000 in damages, which included $250,000 for economic damages; $250,000 in non-economic damages; and $10,000 in punitive damages.

Deliberation

three hours

Poll

9-2 (on all issues)

Length

eight days