Marilyn Orcutt, et al. v. County of Los Angeles, et al.
Published: Mar. 8, 2024 | Result Date: Oct. 17, 2023 | Filing Date: Jun. 1, 2018 |Case number: BC708462 Settlement – $200,000
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Alexander R. Wheeler
(Parris Law Firm)
Defendant
Kevin J. Engelien
(Office of the Los Angeles County Counsel)
Adrian G. Gragas
(Office of the Los Angeles County Counsel)
Brian K. Stewart
(Collins, Collins, Muir & Stewart LLP)
Facts
On June 10, 2017, at about 1:50 p.m., an on-duty Los Angeles County Sheriff's Department deputy was driving in a marked patrol vehicle when it was involved in a traffic collision with Marilyn Orcutt's vehicle. Orcutt, whose three children were also in the vehicle, was driving southbound on Copper Hill Drive and approaching the Newhall Ranch Road intersection. Orcutt filed suit in Los Angeles Superior on June 1, 2018 alleging injuries from the collision.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff stated that she was driving at approximately 40 to 45 miles per hour and had the green light when she entered the intersection and suddenly saw the patrol vehicle traveling westbound on Newhall Road through the intersection. The patrol vehicle's front end crashed into her vehicle's left side, causing it to spin and hit the curb. She sustained injuries resulting from the crash.
DEFENDANT'S CONTENTIONS: Defendant officer contended that he was responding to a "burglary in progress" service call and had his lights and siren activated. Moreover, he reduced his speed to approximately 5 miles per hour before entering the intersection, and saw no other oncoming traffic. When he passed through the intersection, he saw plaintiff in his peripheral vision and applied full pressure to his brakes.
Result
An investigation concluded that the deputy sheriff caused the collision by failing to yield to oncoming traffic before entering the intersection on a red light. The case then settled for $200,000.
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