Franklin Benavidez, Jr., et al. v. City of Los Angeles, et al.
Published: Mar. 9, 1996 | Result Date: Dec. 19, 1995 | Filing Date: Jan. 1, 1900 |Case number: BC079938 – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Jorge Gonzalez
(Jorge Gonzalez APC)
Defendant
Experts
Plaintiff
Stephen Scholtz
(medical)
Defendant
Paul Michelson
(medical)
Jimmy L. Trahin
(technical)
Facts
On April 30, 1995, in the early evening of the first night of curfew during the Los Angeles riots, the plaintiff, Victor Munoz, a 19-year-old assistant handyman was walking down Western Avenue in Los Angeles with Franklin Benavidez (deceased), a then 27-year-old automobile reseller and telephone book deliveryman. The defendants, police officers James Hart, Michael Daly, and Michael Damianakes, observed Munoz and Benavidez. The defendant officers alleged that they observed Munoz was holding a handgun (later determined to be a can of beer) and Benavidez holding a shotgun (later determined to be unloaded), which the plaintiffs pointed at the officers. The defendant, officer Hart, shot Munoz and defendants, officers Daly and Damianakes, shot Benavidez. Benavidez died at the scene. The plaintiffs, Munoz, and the 6-year-old child of Benavidez, brought these actions against the defendants, City of Los Angeles and the officers involved in the incident. The actions were consolidated. The plaintiffs' causes of action for federal civil rights violations and battery went to the jury.
Settlement Discussions
The plaintiffs did not make any settlement demands. The defendants offered a replacement of the 12 oz. can of beer, which offer was rejected.
Specials in Evidence
and LOE not in evidence none in evidence
Injuries
Plaintiff, Munoz, alleged that he sustained abdominal gun shot wounds requiring three surgeries including a colostomy repair as a result of the incident. Franklin Benavidez died at the scene.
Other Information
The verdict was reached approximately two years and seven months after the case was filed. The defendant's expert witness, Paul Michel, O.D., testified that the night lighting conditions made the beer can appear to be a gun when defendant, officer Hart, fired at Munoz.
Deliberation
2 hours
Poll
11-1 (Daly and Damianakes), 10-2 (Hart)
Length
9 days
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