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CONFIDENTIAL

May 19, 1994

Personal Injury (Non-Vehicular)
Assault and Battery
Minor

Confidential

Settlement –  $139,900

Judge

Jack Tenner

Court

L.A. Superior Torrance


Attorneys

Plaintiff

Marla A. Brown
(Law Office of Marla A. Brown)


Defendant

Mitchell L. Fenton

B. Bruce Kittrell

Stephen J. Chiasson


Facts

On November 8, 1989, Plaintiff police officer A, 34, and Plaintiff police officer B, 43, responded to an assignment to assist mall security guards in ejecting three male juvenile Defendants from the mall after complaints that Defendants were threatening mall workers and challenging them to fight. Plaintiff police officers excused the security guards and detained juvenile Defendants on suspicion that one was carrying a weapon. Plaintiff officer A started to search Defendant juvenile A while the other two and Plaintiff officer B stood aside. Juvenile A began to struggle with officer A. Officer B intervened to help restrain the juvenile, and all three fell to the ground in a struggle. The remaining two juveniles allegedly encouraged juvenile A to resist the officers. They also allegedly kicked and stomped at Plaintiff police officers as they were struggling on the ground. All three were arrested on charges of resisting arrest and assault and battery upon a peace officer.

Settlement Discussions

Plaintiffs contend they demanded $150,000 total, and that one Defendant offered $55,000 raised to $72,500 at settlement; another Defendant offered $25,000 raised to $65,000 at settlement.

Specials in Evidence

$37,837 officer A, $6,083 officer B $37,617 officer A Plaintiff officer A: $5,495 permanent disability, Plaintiff officer B: $4,935 permanent disability

Injuries

Plaintiff officer A: Torn ligaments and cartilage to right knee requiring two arthoscopic surgeries and one reconstructive surgery, and resulting in a lower level of physical conditioning effecting job performance. Plaintiff officer B: Third metacarpal sprain to left hand requiring physical therapy.


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