Facts

On Aug. 9, 2005, a vehicle operated by plaintiff, Jay Edson Slade Jr., rolled, unattended into the vehicle of his neighbor, defendant Anthony La Ruffa. After days of discussions between the plaintiff and defendant La Ruffa, a call was made to the Orange County Sheriff's Department. Defendant Deputy Paul McHugh responded to the scene. After brief interaction between the two, the plaintiff was arrested. During the arrest, the plaintiff was injured.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that Deputy McHugh used excessive force in arresting the plaintiff and that the deputy placed plaintiff in handcuffs and maliciously pushed him, causing him to fall over a flowerpot.

The plaintiff further claimed that defendant La Ruffa, called authorities for a malicious purpose.

DEFENDANT'S CONTENTIONS:
Defendant McHugh contended that any force used in effectuating plaintiff's arrest was reasonable and necessary and that plaintiff, due to his level of intoxication, lost his balance and fell over a flowerpot prior to being placed in handcuffs by the deputy.

Defendant Anthony La Ruffa denied calling authorities for a malicious purpose.

Settlement Discussions

The plaintiff demanded $250,00 prior to trial. Defendant Paul McHugh offered to waive costs in exchange for dismissal.

Specials in Evidence

$33,000;

Injuries

The plaintiff had undergone shoulder surgery one month prior to the incident. The plaintiff alleged that the deputy's actions opened the surgical incision site from this procedure, and required further follow-up surgery.

Result

Defense verdict.

Other Information

FILING DATE: June 9, 2006.

Deliberation

1.75 hours

Length

four days