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Civil Rights
Excessive Force
Negligent Hiring and Supervision

Pablo Gomez v. City of San Diego

Published: Oct. 3, 2009 | Result Date: Jan. 6, 2009 | Filing Date: Jan. 1, 1900 |

Case number: GIC877892 Verdict –  $10,705,600

Court

San Diego Superior


Attorneys

Plaintiff

Michael R. Marrinan
(Law Offices of Michael R. Marrinan)

J. Jude Basile


Defendant

Dana A. Fox
(Lewis, Brisbois, Bisgaard & Smith LLP)

Michael J. Aguirre
(Aguirre & Severson LLP)

Barry Hassenberg
(Lewis, Brisbois, Bisgaard & Smith)

Andrew B. Jones
(Jones Kopfman Artenian)


Facts

On Jan. 4, 2006, defendant police officer Joseph De Veaux, observed a fight in progress in downtown San Diego. When De Veaux hit his siren, the fight stopped. Plaintiff Pablo Gomez, 28, began to leave the scene and De Veaux pursued him on foot. He subsequently hit Gomez on his chest, which caused Gomez to fall and hit his head on the sidewalk pavement. He lost consciousness. Gomez sued the city and De Veaux for using excessive force.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that De Veaux used excessive force when he struck plaintiff on his chest. Gomez stopped when ordered to by De Veaux, and was struck without justification or provocation.

Specials in Evidence

$1.5 million.

Injuries

Gomez suffered a skull fracture, which caused bleeding, bruising, and swelling in his brain. He went into a coma. The temporal and frontal lobes of his brain were removed in surgery.

Result

The jury awarded the plaintiff $10,705,620.

Other Information

FILING DATE: Jan. 4, 2007.


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