Elio Carrion v. County of San Bernardino
Published: Nov. 21, 2009 | Result Date: Aug. 3, 2009 | Filing Date: Jan. 1, 1900 |Case number: CV06-8210-ODW(SSx) Settlement – $1,500,000
Court
USDC Central
Attorneys
Plaintiff
Luis A. Carrillo
(Law Offices of Luis A. Carillo APC)
Daniel Rodriguez
(Skadden, Arps, Slate, Meagher & Flom LLP)
Defendant
Dana A. Fox
(Lewis, Brisbois, Bisgaard & Smith LLP)
Facts
On Jan. 29, 2006, at approximately 10 p.m., Elio Carrion was a passenger of a vehicle that led San Bernardino Sheriff's deputies on a high-speed chase, ending in Chino. The end of the chase was filmed by a bystander. According to the film, at some point, Carrion lay on the ground beside the car. Deputy Ivory Webb ordered him to get up. When Carrion began to get up, Webb shot Carrion three times. Carrion sued Webb and the county of San Bernardino alleging civil rights violations. Webb filed for bankruptcy protection and the case against him was dismissed.
Contentions
PLAINTIFF'S CONTENTIONS:
Carrion argued that he was complying with orders when he was shot. He claimed that Webb was negligent in firing the shots and that the county was liable for his negligence. He also argued that the department failed to properly train their deputies.
DEFENDANT'S CONTENTIONS:
The county contended that the incident occurred after a high-speed pursuit. The plaintiff was intoxicated and failed to follow lawful commands given to him by Deputy Webb. Deputy Webb, furthermore, was fully and properly trained by the county.
Injuries
Carrion claimed to have suffered gunshot wounds to his leg, chest, and shoulder. The gunshots caused his left femur to fracture, which required surgery and the placement of a metal rod. He claimed to continue suffering substantial pain in his hip and knee throughout his recovery, which ultimately went well. According to the defense: The plaintiff alleged emotional distress and disfigurement damages. The plaintiff also alleged his lifetime goal was to be a police officer, and that he could no longer be a police officer due to his physical and emotional injuries. Despite his injuries, he remained on active duty in the Air Force, stationed in Louisiana.
Result
The parties settled for $1.5 million.
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