Eddie Martinez v. County of Los Angeles, City of South Gate
Published: Dec. 28, 2004 | Result Date: Aug. 4, 2004 | Filing Date: Jan. 1, 1900 |Case number: CV0300979 Verdict – $0
Judge
Court
USDC Central
Attorneys
Plaintiff
Defendant
Dennis M. Gonzales
(Lawrence, Beach, Allen & Choi, PC)
Experts
Plaintiff
Roger A. Clark
(technical)
Defendant
Ronald Seigle
(medical)
Martin L. Fackler
(medical)
Clarence R. Chapman
(technical)
Facts
In February 2002, at 8 p.m., plaintiff Eddie Martinez, age 43, was observed driving erratically by city of South Gate police officers. A pursuit ensued, and the Los Angeles County sheriffs joined the pursuit. After a one-hour chase, a spike strip flattened the tires of plaintiff's car which then came to a stop. After five minutes in his car, the officers claimed the plaintiff turned around in his car and aimed what they thought was a gun. Three South Gate officers and a sheriff then shot 16 rounds at the plaintiff, striking him once in the arm and once into the top of his head. No weapon was found on the plaintiff or in his car. It is unknown as to what object was mistaken as a gun. The plaintiff was sentenced to 11 years in state prison for using his car to assault a police vehicle during the pursuit. The plaintiff sued the county of Los Angeles and the city of South Gate, alleging negligence and excessive force. He settled with the city of South Gate for $125,000.
Settlement Discussions
The plaintiff demanded $1 million. The defendants made no offer.
Injuries
The plaintiff suffered brain damage resulting in paralysis to the left side of his body and confinement to a wheelchair. He has no bladder or bowel control. He claimed past medical expenses of $175,000 and unspecified future medical expenses.
Result
The jury returned a defense verdict.
Deliberation
three days
Poll
8-0
Length
six days
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