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Civil Rights
Police Misconduct
Wrongful Death

Alejandro Bodan v. Richard DeMartino

Published: Jun. 11, 1994 | Result Date: May 23, 1994 | Filing Date: Jan. 1, 1900 |

Case number: BC025408 –  $3,645,000

Judge

Madeleine I. Flier

Court

L.A. Superior Central


Attorneys

Plaintiff

Sheldon Sacks

Carole Sacks Allen


Defendant

Anthony P. Serritella
(Law Office of Anthony P. Serritella)


Experts

Plaintiff

Alan Hersh
(technical)

James P. Graham
(technical)

Robert W. Johnson CPA
(technical)

Defendant

Eva Heuser
(technical)

Frank Salerno
(technical)

Norman Fort
(technical)

Facts

On April 29, 1990, Plaintiffs' decedent Alejandro Bodan, a 23-year-old marble installer, was shot and killed by Defendant Metropolitan Transit Authority Police Officer Richard Demartino. Bodan had been stopped for a traffic violation. Decedent had been driving with a blood alcohol level of .26, when his pick-up truck veered from the number 1 lane to the number 2 lane on Broadway in Los Angeles. In the number 2 lane was a transit police car driven by Defendant Officer Richard DeMartino. Defendant DeMartino, turned on his siren and overhead lights and, after a short pursuit, the truck stopped at 40th Place and Broadway. Defendant officer DeMartino proceeded to exit the police car with weapon drawn and siren still on. He went to the driver Bodan and fired 2 bullets, killing Bodan instantly. Plaintiffs were his widow Nelly Bodan and three daughters: 6-year-old Scarlet Bodan; 4.5-year-old Jessica Bodan; and 3-year-old Alexandra Bodan.

Settlement Discussions

Plaintiffs contend they demanded $3,000,000 and Defendants made no offer.

Specials in Evidence

$1,100,000

Injuries

Death of spouse, father.

Deliberation

9 days

Poll

9-3

Length

14 days


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