Boon v. Rivera
Published: Apr. 27, 2002 | Result Date: Feb. 4, 2002 | Filing Date: Jan. 1, 1900 |Case number: PC022176 Bench Decision – $7,239,000
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Lawrence J. Hanna
(Fullerton & Hanna LLC)
Defendant
Experts
Plaintiff
Karen Smith
(technical)
Facts
On Jan. 15, 1998, the plaintiff, a Los Angeles police officer responded to a radio call to the scene of the residence
of the defendants Milagro Rivera and Reynaldo Rivera with the information that there was a violent male at the
address, armed, and possibly with a mental condition. At the scene, the plaintiff communicated with the
defendant Milagro Rivera by telephone.
The defendant advised the plaintiff that her husband was probably drunk and asleep and that she had removed
the only weapon from the house and that her husband would not hurt anyone. Shortly after arriving at the
residence and after speaking with Milagro Rivera, Reynaldo Rivera began shooting at Officer Boon and his
partner, Officer Solis with an AR-15 assault rifle. Officer Boon was struck in the hip and Officer Solis was
struck in the face. Reynaldo Rivera later surrendered to the police. It was discovered thereafter that Reynaldo
Rivera had threatened to kill himself and his wife the night before the incident. Reynaldo Rivera had told his
wife that if she called the police, that he "wasnÆt going to go by himself."
The defendant Milagro Rivera had failed to advise Officer Boon of these events concerning her husband. She
had also failed to advise Officer Boon that her husband had violent mood swings, that he had been held for 30
days for mental conditions in the past and that there were possibly other guns in the residence. Had Officer
Boom been provided with this information, he would have responded to the situation in a much different
manner. Officer BoonÆs wife, the co-plaintiff, sought damages for loss of consortium.
The plaintiff contended that due to the negligent misrepresentations of the defendant, he
suffered the shooting by Reynaldo Rivera.
Settlement Discussions
The plaintiff served on the defendant Milagro Rivera a C.C.P. Section 998 in the amount of $100,000.
Specials in Evidence
$200,000 $900,000
Injuries
The plaintiff Officer Boon suffered a gunshot wound to his hip and a back injury when he fell backwards as a result of the impact of the bullet to his body. Officer Boon suffers from residual back pain and metal fragments in his lower body. He has undergone numerous surgeries and extensive rehabilitation treatment as well as counseling for the pain and family trauma. Officer BoonÆs wife and their children require counseling for emotional trauma.
Other Information
Reynaldo Rivera was found to be 51-percent liable, and Milagro Rivera 49-percent liable. Reynaldo Rivera is currently incarcerated at Pelican Bay State Prison following his conviction for attempted murder of a police officer. A trial by referee was held before R. William Schoettler Jr. of ADR.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390