Mark Mars v. County of Los Angeles
Published: Aug. 27, 2002 | Result Date: Jun. 27, 2002 | Filing Date: Jan. 1, 1900 |Case number: BC220592 Verdict – $305,493
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Alan W. Weinberger M.D.
(medical)
Leonard Kram
(medical)
Stanley Goodman
(medical)
Defendant
Joseph Haraszti
(medical)
Facts
The plaintiff, a 41-year-old writer, was a patient at the Warm Springs Rehabilitation Center, owned and operated
by the defendant county of Los Angeles.
The plaintiff was at the center as a result of a domestic violence incident.
While there he was stabbed by another resident who was known to be psychotic and dangerous.
The plaintiff filed a lawsuit against the county of Los Angeles alleging violation of his constitutional right to
safety under the Fourteenth Amendment, 42 U.S.C. Section 1983 and California Government Code Section
855(b).
He asserted that he had a constitutional right to safety because he was ordered by the court to attend a
residential alcohol and drug recovery program.
He also argued that the center operated an on-site medical facility, a health clinic, but failed to provide
adequate equipment, personnel or facilities as required by Government Code Section 855(b).
The defendant countered that the county did not have a constitutional duty to protect the plaintiff from third-
party harm and that the plaintiff had not been taken into custody and was free to leave the program.
The defendant further refuted the plaintiff's assertion that the center operated a medical facility simply because
it maintained an on-site clinic.
The defendant also contended that the stabbing incident was a random act of violence
and that the county was immune by statute from liability under Section 855(b) for any failure to
detect or diagnose the assailant's mental condition.
Settlement Discussions
The plaintiff initially demanded $150,000 at the mandatory settlement conference but this was raised to $250,000 prior to trial. The defendant tendered an offer (CCP Section 998) of $10,000.
Specials in Evidence
$72,439. $80,000 in possible future psychiatric care.
Injuries
The plaintiff suffered an abdominal stab wound, as well as post-traumatic stress disorder.
Other Information
The defendant has advised that it will file a motion for JNOV and a new trial once the judgment is entered. The defendant reported that the court granted the defendant's motion for a directed verdict on the 42 U.S.C. Section 1983 cause of action and the case was sent to the jury on the Government Code Section 855(b) cause of action only.
Deliberation
one day
Length
13 days
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