Veronica Cervantes v. City of Compton and Officer Reggie Wright, Jr.
Published: Nov. 23, 1996 | Result Date: Sep. 25, 1996 | Filing Date: Jan. 1, 1900 |Case number: BC091112 – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Peter Meade
(medical)
Jalal Azizi
(medical)
Roger A. Clark
(technical)
Defendant
Stephen Scappa
(medical)
Ronald M. McCarthy
(technical)
Facts
On June 23, 1993, plaintiff Veronica Cervantes, a 15-year-old student, was the front seat passenger in an automobile being operated by her boyfriend, a suspect in a multiple injury drive-by shooting in Compton. The plaintiff's boyfriend stopped his vehicle on a street in Compton and was involved in a conversation with his friends who were gathered at the driver's window. Defendant officer Wright and his partner observed the vehicle and proceeded to investigate whether it was a drug transaction. As officer Wright approached the vehicle on foot, he recognized the plaintiff's boyfriend, seated behind the sterring wheel, as the suspect for whom the felony warrant was issued stemming from the drive-by shooting. The officer immediately advised his partner of the felony suspect and both officers drew their weapons. Officer Wright ordered the plaintiff's boyfriend not to move, while positioning himself within inches of the driver's door. The boyfriend made a sudden movement downward with his right hand and the vehicle jerked backwards. Officer Wright, believing the suspect was reaching for a weapon, and that he would be drawn underneath the vehicle, fired one round from his service weapon. The round entered the suspect's upper torso and exited through the suspect's back and thereafter struck the plaintiff, seated next to her boyfriend, in the chest. The plaintiff's boyfriend accelerated in reverse in an attempt to escape and struck a light pole. The plaintiff brought this action against the City of Compton and the officer based on violation of civil rights, battery, negligence, infliction of emotional distress and negligent hiring theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $600,000. The defendants made a settlement offer of $7,500.
Specials in Evidence
$17,000 $_________
Injuries
The plaintiff sustained a gunshot wound to her chest and the bullet was never removed. Immediately after the incident, the plaintiff underwent an exploratory laparotomy and has a long vertical scar on her abdomen as a result. The plaintiff also has scars from the entry wound of the bullet and the insertion of the chest tube.
Other Information
The verdict was reached approximately two years after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held on April 20, 1996 before Judge Suzukawa. It did not resolve the matter.
Deliberation
2 hours
Poll
9-3
Length
2 weeks
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