Margarito Alvarez v. Mark Foster and County of San Diego
Published: Nov. 8, 1997 | Result Date: Apr. 15, 1997 | Filing Date: Jan. 1, 1900 |Case number: 700115 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
James P. Frantz
(Frantz Law Group APLC)
Defendant
Ricky R. Sanchez
(Office of the San Diego County Counsel)
Experts
Plaintiff
David Morgan
(medical)
Michael K. Nakada
(technical)
Drew A. Peterson
(medical)
Charles Brugnola
(technical)
John S. Kitchen
(medical)
Defendant
William E. Bowman Jr.
(medical)
Shelly Cochlin
(medical)
Tony Yip
(technical)
Burton Quick
(technical)
Facts
On Oct. 14, 1995, plaintiff Margarito Alvarez, a 42-year-old laborer, called the defendant county of San Diego Sheriff after seeing his stolen car at a convenience store. Defendant Deputy Sheriff Mark Foster and his police dog arrived on the scene and the plaintiff waved him down and identified the suspect, who was crossing the street. The defendant told the plaintiff not to follow the suspect. The defendant deployed the dog when the suspect failed to stop as ordered. The plaintiff disregarded the defendant's order not to follow the suspect and chased him. The plaintiff was subsequently bit by the defendant's dog. The plaintiff brought this action against the defendant based on negligence and violation of civil rights theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $200,000. The defendants made a C.C.P. º998 offer of compromise for $35,000.
Specials in Evidence
$10,038 $250,000 $7,700
Injuries
The plaintiff suffered a laceration on right hand resulting in loss of grip strength and pain.
Other Information
The verdict was reached approximately ______ years and _______ months after the case was filed. A settlement conference/arbitration/mediation was held on _______/_____/19___ before __________ (name) of _________ (affiliation or court) resulting in ______________. EXPERT TESTIMONY: (If interesting) ANY COMMENTS: (If Interesting) ANY COMMENTS ON THE JUDGE/ARBITRATOR/MEDIATOR
Deliberation
three hours
Poll
9-3
Length
seven days
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