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CONFIDENTIAL

Apr. 24, 1999

Civil Rights
Violation of 42 U.S.C. 1983 and 1985
Pedestrian Struck by Automobile

Confidential

Settlement –  $100,000

Court

USDC Central


Attorneys

Plaintiff

Ellen Hammill Ellison


Defendant

Thomas A. Gutierrez


Facts

The plaintiff alleged he was chased after a sale to a narcotics officer and struck by a Brown undercover chase car driven by LAPD officer. An eyewitness reported seeing a Brown undercover car driven by an officer fitting the description of the driver that struck the plaintiff. The plaintiff was convicted of sales in lieu of drugs for selling aspirin to the undercover officer. It was his fourth felony conviction. His convictions were equally not admissible under F.R.E. 609. He had no work history. The plaintiff brought this action against the defendants based on civil rights and conspiracy.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $_______. The defendant made a C.C.P. º998 offer of compromise for $ ________.

Specials in Evidence

$17,500

Injuries

The plaintiff sustained a compound fracture to his right leg. He also suffered residual pain and swelling. He required three surgeries and several months of physical therapy with residual disability, limp and scarring.

Other Information

The settlement was reached approximately two years and four months after the case was filed.


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