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False Arrest
Infliction of Emotional Distress

Robert Tuck v. Westec Security, Inc., et al.

Published: Feb. 1, 1997 | Result Date: Sep. 23, 1996 | Filing Date: Jan. 1, 1900 |

Case number: BC131221 –  $650,000

Judge

Reginald A. Dunn

Court

L.A. Superior Central


Attorneys

Plaintiff

Judith Sasaki

John Clark Brown Jr.


Defendant

Robert Loewen

Jeffrey H. Reeves
(Theodora Oringher)

Michelle Coyle


Experts

Plaintiff

Kenneth Lawrence
(technical)

Ted Vavoulis
(technical)

Francine B. Kulick
(technical)

Defendant

Keith Ugone
(technical)

John Pride
(technical)

Charles Scott Saunders
(medical)

Richard H. Polsky
(technical)

Facts

On April 3, 1995, Robert Tuck, a 25-year-old man, was hired to provide pet sitting services at a home in Laurel Canyon. He was walking the dog on the street when defendant Westec's security guard stopped him and demanded identification. After providing verbal identification, an argument ensued. The plaintiff then went into the house with the dog and subsequently agreed to exchange written identification with a different Westec Security guard. Later, the plaintiff opened the door to speak with the Westec Security guards when the dog escaped from the house and the plaintiff went to retrieve him. The Westec Security guards shot and killed the dog in a narrow stairway where the plaintiff was standing. The guards claimed that the dog had attacked one of them. After the shooting, the guards then arrested and handcuffed the plaintiff on suspicion of burglary. The handcuffs caused abrasions and bleeding, and were later removed by the Los Angeles Police Department. The plaintiff brought this action against the defendants, the security company and the guards, based on assault with a deadly weapon, false imprisonment, negligent and intentional infliction of emotional distress and negligent supervision hiring and retention theories of recovery.

Settlement Discussions

The defendants made a C.C.P. º998 offer of compromise for $20,000.

Specials in Evidence

$ _______ $ _______ $_______ $ _______

Injuries

The plaintiff claimed he suffered severe emotional distress over a period of months, resulting in a diagnosis of post-traumatic stress disorder. The plaintiff also claimed that he suffered abrasions and physical injuries when Westec placed him in handcuffs. The plaintiff received free psychological counseling and could not afford any other medical treatment.

Other Information

The verdict was reached approximately one year and two months after the case was filed.

Deliberation

7 hours (liability and compensatory); 1+ hours (punitive damages)

Poll

9-3 (liability); 10-2 (punitive damages)

Length

15 days


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