Angelo Gousse, Marie May Gousse v. City of Los Angeles, Budget Rent-A-Car Corp.
Published: Mar. 2, 2004 | Result Date: Nov. 19, 2003 | Filing Date: Jan. 1, 1900 |Case number: BC252804 Verdict – $33,224,400
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Robert D. Jarchi
(Greene, Broillet & Wheeler, LLP)
R. Browne Greene
(Greene, Broillet & Wheeler, LLP)
Defendant
Christian R. Bojorquez
(Office of the Los Angeles City Attorney)
James B. Hardin
(Hardin & Lott APC)
Cory M. Brente
(Office of the Los Angeles City Attorney)
Experts
Plaintiff
Jonathan Cunitz
(technical)
John F. Lawrence
(medical)
Leonard N. Matheson M.D.
(technical)
Barry I. Ludwig M.D.
(medical)
Lou Reiter
(technical)
Gary Leach
(medical)
Lester M. Zackler M.D.
(medical)
Defendant
Garry S. Brody
(medical)
Bradley Taylor
(medical)
Vincent M. Fortanasce M.D.
(medical)
Facts
On Feb. 9, 2001, the plaintiff, an African-American urologic surgeon, rented a vehicle from the defendant Budget Rent A-Car at its Los Angeles International Airport facility. When a Budget employee checked the vehicle prior to it being rented to the plaintiff, the employee noted that the license plates on the vehicle did not match the license plates on the rental agreement. The employee changed the rental agreement to reflect the change. However, the vehicle with which the rental vehicle's license plates had been switched was reported stolen months earlier. On Feb. 11, 2001, the plaintiff was driving the rental vehicle in Los Angeles where he was pulled over by Los Angeles Police Department officers. The officers had run the license plate number through the system, which indicated that the vehicle had been reported stolen. The plaintiff was then arrested and handcuffed. The plaintiff and his wife sued Budget Rent-A -Car and the city of Los Angeles.
Settlement Discussions
According To The Plaintiff: A "Mary Carter" for $3 million guarantee from Budget. Budget had offered $500,000. The city did not take part in settlement negotiations. According To The Defendant: The plaintiff demanded a Mary Carter for $3.5 million guarantee from Budget. Budget had offered $200,000.
Specials in Evidence
$27,000
Damages
The plaintiff wife claimed loss of consortium.
Injuries
The plaintiff husband claimed that he suffered a radial nerve injury and a brachial plexus injury to his left arm. He claimed that his injuries precluded him from performing urologic surgery outside of the university setting with the assistance of residents and fellows and that his injury precluded him from opening up his own private practice. The defendants claimed that the plaintiff's injuries were inconsistent with handcuffing and that any such injuries should have resolved shortly after the incident. The defendants argued that a surveillance videotape showed that the plaintiff was not injured. The defendants further argued that the plaintiff continued to work in the same capacity that he had worked prior to the incident and that his claims of opening a private practice were speculative.
Result
With regard to the claim of negligence, the jury found in favor of the plaintiffs and awarded them $32,224,378. The jury found the City of Los Angeles 43 percent liable and Budget 57 percent liable. With regard to the claim of violation of civil rights based on race, the jury found in favor of the City of Los Angeles.
Deliberation
2.5 days
Poll
10-2
Length
17 days
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