Pablo Gomez v. Joseph De Veaux, et al.
Published: Oct. 18, 2008 | Result Date: Sep. 8, 2008 | Filing Date: Jan. 1, 1900 |Case number: GIC877892 Verdict – $8,000,000
Court
San Diego Superior
Attorneys
Plaintiff
Michael R. Marrinan
(Law Offices of Michael R. Marrinan)
Defendant
Dana A. Fox
(Lewis, Brisbois, Bisgaard & Smith LLP)
Barry Hassenberg
(Lewis, Brisbois, Bisgaard & Smith)
Facts
Pablo Gomez was a 28-year-old patent file clerk at Knobbe Martens Olson & Bear in San Diego. While Gomez was out with his friends, all three being intoxicated, they became involved in an altercation with two other men. Police officer Joseph De Veaux arrived, after which Gomez ran away. In an attempt to apprehend Gomez, De Veaux tackled Gomez, knocking him to the pavement and cracking his skull.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the speed at which De Veaux attempted to restrain him was an unnecessary amount of force for breaking up a fight that was already over. Furthermore, the police officer should have called for back up and never did. Lastly, counsel for the plaintiff argued that Gomez followed the officer's instructions by turning around.
DEFENDANT'S CONTENTIONS:
The defendant argued that Gomez did not comply with the police officer's order to stop running.
Injuries
Gomez sustained skull fractures and brain damages due to the accident, requiring rehabilitation.
Result
The plaintiff was awarded $11 million but was also found to be 30 percent liable. Plaintiff received $8 million total.
Other Information
The insurer for the city was AIG.
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