Thomas Gorzynski v. City of Orange, et al.
Published: Nov. 30, 2004 | Result Date: Oct. 1, 2004 | Filing Date: Jan. 1, 1900 |Case number: SACV03469DOC Verdict – $0
Judge
Court
USDC Central
Attorneys
Plaintiff
Milton C. Grimes
(Law Office of Milton C. Grimes APC)
Hermez Moreno
(Boucher LLP)
Defendant
Experts
Plaintiff
Roger A. Clark
(technical)
Defendant
Stewart L. Shanfield
(medical)
Curtis J. Cope
(technical)
Facts
On May 5, 2002, the defendant city police department dispatched officers regarding possible narcotics activities to a known location where there had been prior narcotics activities. The plaintiff was observed in the driveway using "acid" to clean oil stains. The officers approached the plaintiff who had been drinking but he refused to identify himself and claimed that he was on private property. The plaintiff contended that once he advised the officers he did not have the identification, they reached him and handcuffed him. The defendants contended that after the plaintiff refused to provide the identification, the plaintiff reached to his rear, and for officers' safety, they grabbed him and placed him in handcuffed. The plaintiff slapped the police officer's hand and struggled as the police officers attempted to control and handcuff him. The plaintiff was arrested for the reckless use of hazardous material and for resisting arrest.
Settlement Discussions
The plaintiff's initial demand was $1.25 million. The defendant offered $30,000. Prior to trial, the plaintiff demanded $325,000 and the defendant offered $50,000.
Injuries
The plaintiff complained of shoulder pain associated with prior surgery. Five hours later, at County Jail, the plaintiff advised that he thought his arm was broken. Thirty six hours after his release, the plaintiff went to the hospital and was diagnosed with a spiral fracture of the right humerus and a chip in the left elbow.
Deliberation
3.5 hours
Poll
8-0
Length
six days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390