Estate of Javier Villareal, et al. v. City of West Covina, et al.
Published: Jun. 14, 1997 | Result Date: May 7, 1997 | Filing Date: Jan. 1, 1900 |Case number: KC015314 Verdict – $0
Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Defendant
Carol A. Rohr
(Office of the City Attorney)
Experts
Plaintiff
Frank X. Acosta Jr.
(medical)
Van Ness H. Bogardus III
(technical)
Defendant
David N. Glaser
(medical)
Michael Hillmann
(technical)
David Reaver
(technical)
John Bell
(technical)
Facts
On Sept. 30, 1992, defendant officers Curtis McLean, Steve Wheeles and Christopher Mohler of the defendant city of West Covina's police department responded to an assault with a deadly weapon and vehicle burglary call at an apartment building in West Covina. Officer McLean was a canine officer who had the dual function of patrol officer. The canine officer responded to assist in the investigation. The parties stipulated that the officers had probable cause to enter the premises of plaintiff Maria Martinez for the purpose of arresting her son, decedent Javier Villareal, for the assault with a deadly weapon and vehicle burglary charges. The defendants claimed that in attempting to remove the decedent from the apartment, he became combative and resistant, and began kicking violently. The decedent was placed in a patrol vehicle momentarily prior to being transferred to the handling officer's patrol car, while two of the officers returned to the apartment to obtain a few items of evidence. The defendants claimed the decedent violently kicked the left rear window of the police vehicle, and did not stop when asked. He was brought out of the vehicle and placed prone on the ground. The canine officer attempted to hobble the decedent's allegedly violently kicking feet, as the other two officers attempted to hold down his upper body and shoulders. The defendants claimed that as a result of the decedent's violent kicking, which made contact with the chest, waist and thighs of the canine officer. The remote control device button located on his Sam Brown utility belt was kicked by the decedent, unbeknowst to the canine officer. The right rear door of the canine vehicle was automatically opened and the dog, based upon his handler protection training, responded to the location of the decedent, who the defendants claimed was flailing and kicking and yelling. The dog bit the decedent on the head. The canine handler, upon becoming aware of the dog's presence, removed the dog. Plaintiff Maria Martinez, the decedent's mother, claimed that when the defendant officers entered the apartment to arrest the decedent, they grabbed her and placed her against a wall in the apartment. The decedent later died from unrelated causes. The plaintiffs, the decedent's mother and his estate, brought this survivor action against the defendant city and the responding officers based on excessive force, assault and battery and Dillon v. Legg theories of recovery.
Settlement Discussions
The plaintiffs made settlement demands ranging from $250,000 to $500,000. The defendants made no settlement offers.
Specials in Evidence
$1,000 (plaintiff Martinez) $______________ (decedent) $100,000 (plaintiff Martinez for future medical/psychological treatment)
Injuries
The plaintiffs claimed the decedent suffered dog bite lacerations to the top of his head and to the bridge of his nose and cheek area. Plaintiff Maria Martinez claimed she sustained bruising to her left and right biceps. (The defendants claimed plaintiff Martinez's injuries were unsupported by physical evidence.) Plaintiff Martinez also claimed she suffered emotional distress from observing the dog bite to her son.
Other Information
The verdict was reached approximately four years after the case was filed. Numerous mandatory settlement conferences were held in 1996 and 1997. They did not resolve the matter. Post trial motions are anticipated. After trailing for many months, the case was tried as a private jury trial, pursuant to stipulation, with all appeal rights retained. The trial was held at University of La Verne in ____________ (city). Defense counsel indicated that this trial was a six-week trial accomplished in three weeks as a result of the private jury trial.
Deliberation
1½ days
Poll
Maria Martinez: 9-3 defense (no intentional acts as to any defendant officer), 9-3 defense (no negligent infliction of emotional distress as to any defendant officer), Javier Villareal: 11-1 (no intentional acts as to any defendant officer), 9-3 (no negligent acts as to any defendant officer)
Length
13 days
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