Marion Hodgson v. City of Escondido, et al.
Published: May 13, 1995 | Result Date: Apr. 24, 1995 | Filing Date: Jan. 1, 1900 |Case number: 941438HBTM – $208,600
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Keith E. Liberman M.D.
(medical)
Frank H. Saunders
(technical)
Defendant
Ronald M. McCarthy
(technical)
William E. Bowman Jr.
(medical)
Facts
On May 9, 1994, Plaintiff Marion Hodgson, a 65-year-old retiree, was returning a car engine he had purchased when a dispute erupted between Hodgson and the automotive shop owner. The engine did not work and he wanted his money back. During the dispute, Hodgson displayed a gun. The owner called the police and reported an attempted robbery. Defendant City of Escondido's officers, Robert Curtin and Thomas Causey, arrived and called to Hodgson who by now was outside the store. Hodgson initially ignored their commands. Plaintiff later told Defendants where the gun was and that he was disarmed. Defendants subsequently attempted to handcuff Hodgson who resisted by stiffening his arms. Defendants then threw Hodgson down to the ground and allegedly jumped on his back with their knees when (per Defendant) Hodgson attempted to push himself up off the ground. Hodgson had a preexisting mycosis which required removal of the right side of his face.
Settlement Discussions
Plaintiff contends that he demanded $75,000 and that Defendants offered $0. Defendants contend that they offered to waive costs and that Plaintiff never demanded less than $195,000.
Specials in Evidence
$1,364 none none none
Injuries
Compression fracture at L-1 and L-4 requiring an X ray, use of a back brace, and monitoring; permanent residual pain.
Deliberation
12 hours
Poll
7-0
Length
2.5 days
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