This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Police Negligence
Excessive Force

John Banks v. City of Los Alamitos, Loren Paholski

Published: Mar. 8, 2005 | Result Date: Sep. 14, 2004 | Filing Date: Jan. 1, 1900 |

Case number: SACV03958JVS Bench Decision –  $0

Judge

James V. Selna

Court

USDC Central


Attorneys

Plaintiff

Steven C. Price
(Marron Lawyers APC)


Defendant

Bruce D. Praet
(Ferguson, Praet & Sherman APC)


Experts

Plaintiff

Donald Stevenson
(medical)

Defendant

Kevin J. Triggs
(medical)

George T. Williams
(technical)

Facts

In June 2002, plaintiff John Banks, age 62, worked as a private security guard for Warner Brothers Pictures during the filming of a movie at the Los Alamitos Joint Services Training Base. City of Los Alamitos police officer Loren Paholski, who was on duty, attempted to enter the airfield. The plaintiff refused to permit Paholski entry. Thereafter, the plaintiff claimed Paholski cranked his left arm behind his back, causing him serious and permanent injuries.

Settlement Discussions

The plaintiff made a demand of $150,000; defendants made no offer.

Injuries

The plaintiff claimed he suffered a strained left shoulder and wrist, and emotional distress. Despite physical therapy, he claimed he continued to suffer restricted range of motion and pain in his shoulder. He claimed past medical specials of $86,000.

Result

After a bench trial, the court returned a judgment in favor of both defendants.


#86868

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390