Chun Hueng Jin v. State of California, et al.
Published: Apr. 13, 1996 | Result Date: Mar. 21, 1996 | Filing Date: Jan. 1, 1900 |Case number: BC111950 – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Harvey M. Horikawa
(Hansen Seto LLP)
Defendant
Experts
Plaintiff
William O'Riordan
(medical)
Joon Koh
(medical)
Defendant
J.W. Whitmarsh
(technical)
Charles S. Lane
(medical)
Jimmy L. Trahin
(technical)
Facts
On November 23, 1993, the plaintiff, Chun Hueng Jin, a 46-year-old security guard, was pulled over for speeding by the defendant, Anthony Zill, an on-duty California Highway Patrol ("CHP") officer. The plaintiff was in uniform and carrying a gun as he was on his way to work. The plaintiff allegedly pulled out his gun and, without warning, swung it in the direction of the defendant CHP officer causing the officer to shoot the plaintiff one time. The bullet passed through the plaintiff's right hand and into his right chest. The plaintiff brought this action against the defendants, the CHP officer and the State of California, based on civil rights violations, negligence, battery, assault and intentional infliction of emotional distress theories of recovery.
Settlement Discussions
There were no settlement discussions.
Specials in Evidence
$50,000 $10,000 unknown $10,000 - $20,000
Injuries
The plaintiff alleged that he sustained a gun shot wound through his right hand which entered his right chest requiring reconstruction of his right hand including the placement of pins, screws and plates and surgical repair to his lung, liver, stomach and bowel as a result of the incident.
Other Information
The verdict was reached approximately one year and six months after the case was filed. The plaintiff presented expert testimony that his gun could not have been in his hand when shot and that the angle and proximity of wounds indicated that his hand was empty and near his chest when shot. The defendants presented expert testimony that the physical evidence was consistent with a gun being in the plaintiff's hand when shot and consistent with the defendant CHP officer's version of the events. The defendants also presented a tape recorded statement made by the plaintiff to members of the Los Angeles Police Department where he admitted having the gun in his hand when shot and the plaintiff's instructor at security guard school who testified that the plaintiff was trained to never touch or go for his weapon when pulled over in his car by a peace officer.
Deliberation
8 hours
Poll
12-0 (assault), 11-1 (negligence), 10-2 (civil rights)
Length
8 days
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