Facts

Plaintiff Jillian Duffy brought a civil action for injuries, economic losses and emotional distress, claiming she was physically attacked and beaten by a Los Angeles Department of Transportation (LADOT) non-sworn traffic enforcement officer. Duffy alleged the female traffic officer responded rudely and with anger when Duffy asked the traffic officer to hand her the parking citation for an expired meter. Duffy claimed that the traffic officer taunted Duffy, shoved her, stepped on her toe, wrongfully restrained her, and hit her repeatedly on the back of the head with a handheld ticket machine.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that the city employee Neal caused plaintiff economic and non-economic damages due to the battery and false arrest. The City was vicariously liable for plaintiff's injuries. Plaintiff's evidence consisted of testimony from plaintiff and two civilian witnesses who saw parts of the physical scuffle and concluded that the traffic officer was the aggressor.

DEFENDANT'S CONTETNIONS: Defendant contended that Duffy started the physical confrontation when she punched the traffic officer in the eye without provocation, and that the traffic officer's act of hitting her once with the handheld machine was an instinctive reaction to being punched. Duffy's wrongful strike to the traffic officer set the scuffle in motion, her act of grabbing the traffic officer's shirt collar led to them falling into bushes, and the traffic officer's multiple strikes against Duffy in the bushes were justified by self-defense. When the two were separated, the traffic officer made a valid citizen's arrest.

Settlement Discussions

Plaintiff made a settlement demand of $750,000.

Result

Defense verdict

Other Information

Presiding Judge Douglas Stern granted a pre-trial defense motion to bifurcate liability from damages. As the 12-person jury unanimously found that the traffic officer and the City were not liable for the incident, no expert medical or damages testimony was presented. Plaintiff dismissed defendant Lisa Neal prior to trial. The only two claims that went to the jury were battery and false arrest. The court granted the defense bifurcation motion. The jury thus did not hear damages evidence after determining no liability.

Deliberation

2.5 hours

Poll

12-0 in favor of defendant

Length

nine days