Stacey Klemm, individually, and as special administrator of the Estate of Aaron Klemm, deceased v. City of Ventura aka City of San Buenaventura, Colin Patrick, Frederick McGill
Published: Jul. 10, 1999 | Result Date: May 14, 1999 | Filing Date: Jan. 1, 1900 |Case number: 124193 Verdict – $0
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Defendant
Ronald O'Halloran M.D.
(medical)
Facts
On Dec. 8, 1991, at approximately 4 a.m., defendants Ventura police officers Colin Patrick and Fred McGill, responded to the Imperial Mobile Home Park pursuant to a 911 call of a domestic disturbance involving a suicidal with a knife. Upon arrival at the mobile home park, the officers observed a male walking toward them but were unable to see his hands. The male, later identified as Aaron Klemm, 21, began shouting profanities at the officers and refused to comply with commands to stop and show his hands. As Aaron Klemm approached to within 25 feet of the officers, he screamed, "Shoot me, I want to die. Let's see some blood," and displayed two long-bladed kitchen knives. As Aaron Klemm advanced on the officers, they both began retreating and Aaron Klemm continued his tirade while cutting and stabbing at his own body. When Aaron Klemm closed the distance to within six feet of officer Patrick, Patrick fired one round from his service revolver, striking Aaron Klemm in the lower chest area. The plaintiff brought this action against the defendants based on civil rights and negligence. The trial was bifurcated and tried as to the excessive force/liability issue only.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $ _______. The defendant made a C.C.P. º998 offer of compromise for $ ________.
Damages
$500,000 for wrongful death.
Injuries
The plaintiff suffered the death of her only child.
Other Information
The verdict was reached approximately six years and six months after the case was filed.
Deliberation
two days
Poll
9-3
Length
five days
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