Confidential
Settlement – $4,075,000Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Donna D. Melby
(Paul, Hastings, Janofsky & Walker LLP)
Daniel E. Kenney
(Harrington, Foxx, Dubrow & Canter LLP)
Anthony P. Serritella
(Law Office of Anthony P. Serritella)
Donna B. Koch
(Office the Los Angeles County Counsel)
Steven D. Davis
(Steven D. Davis Law Group APC)
Gregory Evans
(McGuireWoods LLP)
Robert B. Reagan
(Dordick Law Corporation)
Facts
On Feb. 13, 1991, the plaintiff, a 36-year-old paranoid schizophrenic, was arrested by City of Glendale police officers for breaking small windows at a Jehova's Witness church, where the plaintiff is a member. Glendale Police have an official written policy that they will not hospitalize mentally ill persons arrested for felonies for fear of jeopardizing criminal prosecution. The plaintiff was charged with felonies and subsequently transferred to the Los Angeles County Jail on Feb. 15, 1991. The plaintiff's family (his brother and sister are both California attorneys) repeatedly contacted police and jail personnel to inform them of the plaintiff's mental illness and the need for anti-psychotic medications. Jail personnel independently observed the plaintiff to be hallucinating and delusional. He was transferred to a housing unit for mentally ill prisoners. The plaintiff was never seen by a psychiatrist and was never provided with anti-psychotic medication. When the criminal charges against the plaintiff were dismissed for lack of probable cause, he was released. County jail personnel released the plaintiff the night of March 1, 1991. He was released without any money and without his clothing. Less than three hours after his release, he wandered onto a nearby railroad track and was struck by an Amtrak train. After being released from the hospital in June 1991, the plaintiff was prescribed a home visiting nurse. Later, the nurse ceased the home visits without any doctor's orders. On Aug. 19, 1991, when the plaintiff relapsed into a psychotic state, the nurse and Glendale Police were called to the plaintiff's apartment. Glendale Police refused to transport the plaintiff (who had just filed a claim against Glendale Police for the earlier incident) to the hospital. The plaintiff was eventually taken to the hospital and admitted.
Settlement Discussions
The case settled at $4,075,000: County of Los Angeles ($2,500,000); Amtrak, Santa Fe and Abernathy ($925,000); City of Glendale ($400,000) and Viva ($250,000).
Injuries
In the train accident, the plaintiff suffered brain damage, aggravation of his mental condition, a right wrist fracture, fractured ribs and a back fracture. He claimed past and future medical expenses and past and future lost earnings. He claimed that police intentionally inflicted emotional distress during their evaluation of him on Aug. 19, 1991. He claimed past and future pain and suffering. He sought total damages of $13 million.
Result
The case settled at $4,075,000: County of Los Angeles paid $2,500,000; Amtrak and Santa Fe paid $925,000; City of Glendale paid $400,000 and Vivra paid $250,000.
Other Information
PLEASE PROVIDE THE ADDRESS, TEL AND FAX NO. OF DEFENSE ATTYS. CLINTON DEWITT, ROBERT REAGAN AND JAMES VAN DAM
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