Linda Lucas v. County of Los Angeles
Published: Jun. 6, 1998 | Result Date: Dec. 22, 1997 | Filing Date: Jan. 1, 1900 |Case number: BC077227 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Linda B. Hurevitz
(Ballard, Rosenberg, Golper & Savitt LLP)
Experts
Plaintiff
Nachman Brautbar M.D.
(medical)
Defendant
Julia Cameron
(medical)
Ronald Okun
(medical)
Facts
The plaintiff's decedent, a 24-year-old unemployed man, was taken into custody by State Police for outstanding traffic warrants during a routine traffic stop by Cal Poly police. The decedent was booked at the Walnut Sheriff's station. The defendants alleged that he did not appear to be under the influence of drugs or alcohol. Allegedly, decedent denied the use of any drugs or alcohol or being under the influence of any drugs or alcohol, but admitted to possession of a nominal quantity of marijuana. Several hours after the decedent had been booked into the jail, he complained of claustrophobia (an abnormal fear of being in a small room or in a confined space). Per defendants, he was again, asked if he was under the influence of drugs or alcohol, and denied it. The jailers observed that he was shaking and sweating, and, therefore, requested permission to transfer the decedent to Men's Central Jail where medical facilities would be available if necessary. The decedent experienced a cardiac arrest and died en route to Men's Central Jail. It was later determined that the cause of death was a massive overdose of methampehtamines. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $70,000. Per plaintiff, the defendant made no offer.
Damages
The plaintiff asked the jury to award $140,000 in damages. The plaintiff claimed $2,000 for burial expenses.
Injuries
The plaintiff claimed loss of the society and comfort of her son.
Other Information
This case was originally brought in Federal Court as º1983 civil rights violation action. The federal claim was dismissed when the defendant's motion for summary judgment was granted. The plaintiff then filed in state court. At the first trial in 1995, the defendants successfully moved for judgment on the grounds that the plaintiff was collaterally estopped from pursuing the claim as the federal court's findings of fact and conclusions of law had res judicata effect. The court granted judgment before a jury was sworn. The plaintiff appealed, and the judgment was overturned by the appellate court. See Linda Lucas v. County of Los Angeles (1996) 47 Cal. App. 4th 277.
Deliberation
two hours
Poll
10-2
Length
14 days
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