Lottie Nelson and Wallace Nelson v. David Florence, Curt Messerschmidt, David Porter, Jeffrey Siroonia, Los Angeles Department, County of Los Angeles
Published: Aug. 27, 2002 | Result Date: Jun. 17, 2002 | Filing Date: Jan. 1, 1900 |Case number: BC213704 Verdict – $1,300,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Leo J. Terrell
(Law Office of Leo Terrell)
Defendant
Dennis M. Gonzales
(Lawrence, Beach, Allen & Choi, PC)
Experts
Plaintiff
David Dotson
(technical)
John T. Cooper
(medical)
Defendant
Tom S. Neuman M.D.
(medical)
Michael E. Fishbein
(medical)
Dino Fulgoni
(technical)
Neal L. Benowitz
(medical)
Facts
The plaintiff parents instituted this suit as a result of the death of their son, while under the control of the Los
Angeles Sheriff's Dept.
The decedent was arrested for being under the influence of cocaine and for firing a gun in the Athens area of
Los Angeles.
A number of sheriff's deputies arrived on the scene and ordered the decedent to put down the gun. He complied
and was then arrested and handcuffed.
He was placed in the back of the car and was taken to a nearby parking lot.
The defendants contend that the decedent became violent in the backseat of the car.
The plaintiffs contend that the decedent was calm, compliant, and did not pose a threat to the deputies or
himself.
A deputy called his supervisor and requested permission to hobble the decedent, a procedure whereby the
prisoner's wrists are placed behind his back and then they are tied to the ankles with knees bent.
The hobbling took place, with the procedure being videotaped in accordance with police policy.
During the hobbling process, the prisoner went into cardiac arrest and CPR was initiated. At the time, the
decedent's hands were handcuffed behind him.
Paramedics arrived and took the prisoner to the hospital where he was pronounced
dead.
Settlement Discussions
The plaintiffs did not submit a demand but the defendants offered $40,000 - $20,000 for each plaintiff.
Damages
The plaintiffs sought damages for the death of their son.
Other Information
The jury awarded a gross verdict of $2 million based on findings that the deputies were negligent. The award was reduced to $1,300,000 based on findings that the decedent was 35-percent comparatively negligent. According to the defense, a post-trial JNOV motion will be made on the basis that the plaintiffs did not have standing to sue. The defense pointed out that the decedent had completed prior paperwork in which he had claimed three children. The plaintiffs contended that the paperwork relied upon by the defense was not written by the decedent, is unauthenticated, unreliable and was not admitted at trial.
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