Delbert Hartzell v. County of Los Angeles
Published: Aug. 27, 1994 | Result Date: Jul. 29, 1994 | Filing Date: Jan. 1, 1900 |Case number: BC046143 – $0
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
William Landes
(medical)
Frank H. Saunders
(technical)
Defendant
John Bell
(technical)
Mark B. Stern
(medical)
Facts
On April 21, 1991, Defendant Los Angeles County Sheriff's deputies attempted to arrest Plaintiff on the suspicion of stealing a motorcycle. Plaintiff evaded the officers, and a high speed pursuit ensued. The pursuit resulted in the Plaintiff evading the officers, and ultimately he was located at the home of his parents in Norwalk. A number of announcements were made indicating that the Sheriff's Department would use a canine unit to locate and arrest Plaintiff. These announcements included the warning that the Plaintiff would be located by the canine and would be bitten when located. Plaintiff did not respond to the announcements and hid in the attic of the house. When the canine was placed in the attic, Plaintiff was bitten on the legs and arms. At the time, Plaintiff Delbert Hartzell was a 32-year-old unemployed heavy-machine operator. He pled guilty to a violation of 2800.2 of the Vehicle Code, felony evading arrest.
Settlement Discussions
Defendants contend they offered $2,500 and Plaintiff demanded $175,000.
Specials in Evidence
$18,000 withdrawn during trial
Injuries
Dog bite injuries requiring emergent care; subacromial bursitis and impingement syndrome requiring ongoing physical therapy and possible future surgery.
Deliberation
1 day
Poll
11-1
Length
7 days
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