Facts

Plaintiff Melissa Simon, age 32, was arrested for violation of public intoxication at the end of opening day at the Del Mar Racetrack on July 16, 2008.

After leaving the track, plaintiff was having a confrontation with a man who was standing next to a limousine. She yelled at Deputy Tony Bailey, who was nearby, to come over and arrest the man. Bailey talked to the man and determined that there was no basis for an arrest. Allegedly, Bailey could tell that plaintiff was intoxicated and asked her to leave the area with her friends. She allegedly demanded his name and badge number and accused him of "conspiring" with the man. One of plaintiff's friends came up and removed her from the area.

Some minutes later, plaintiff returned without her friend and was headed back to the limousine. Bailey stopped her and asked her to leave the area. She allegedly yelled at Bailey and the man and refused to leave. Bailey determined that plaintiff was drunk and arrested her. Allegedly, plaintiff was yelling and resisting being handcuffed and Bailey used a control hold to take her to the ground to complete the handcuffing. Bailey walked her to the security room, and as they walked into the room, plaintiff, who was wearing high heeled shoes, tripped on the carpet and fell, causing carpet burns on her face and shoulder. She was booked on a cite-and-release, non-prosecuted 647(f) charge.

The complaint alleged false arrest, battery, negligence and civil rights claims.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she was requesting the deputy to investigate her complaint that the driver of the limousine had been drinking beer and that he refused to do so. She claimed that she was not intoxicated and that all her injuries occurred when Bailey, who was irate because she had demanded his name and badge number, tackled her to the pavement without warning. Plaintiff claimed that she was not injured from the fall in the security office.

DEFENDANT'S CONTENTIONS:
Defendants contended that plaintiff was extremely intoxicated; that she had consumed numerous alcoholic drinks including a concoction of Red Bull and vodka, which caused a serious lack of critical judgment. Defendants also contended that plaintiff was resisting being handcuffed and was taken to the ground using a control hold; that the only injuries were rug burns on her face and shoulder that occurred from the trip in the security office; and that her left shoulder injury was unrelated and her other injuries were exaggerated.

Specials in Evidence

$14,777 $39,500

Damages

Plaintiff's counsel asked the jury to award $488,677.

Injuries

Plaintiff went to the emergency room the next day complaining of injuries to her right shoulder, face, neck, back, wrists, feet and knees. Five x-rays from the emergency room were all negative and she was released. She had physical therapy for back pain for two months. A year and a half later, she developed a left shoulder injury requiring surgery, which she attributed to the arrest event. She claimed a permanent left wrist injury and treated a facial abrasion with a full facial laser procedure.

Result

Defense verdict.

Other Information

FILING DATE: July 22, 2009.

Deliberation

four days

Poll

10-2 (defense on false arrest), 11-1 (defense on excessive force)

Length

eight days