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Personal Injury
Police Misconduct
Assault and Battery

Hamilton et al. v. City of Brawley et al.

Published: Jan. 17, 1998 | Result Date: Nov. 24, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 84701 Verdict –  $2,350,000

Judge

Joseph Zimmerman

Court

Imperial Superior


Attorneys

Plaintiff

Terry L. Singleton

Charles A. Viviano


Defendant

Kris M. Malec

Steven M. Walker
(Walker & Driskill)


Experts

Plaintiff

William H. Davidson
(medical)

Fred R. McFarlane
(technical)

Michael K. Nakada
(technical)

Defendant

Daniel P. Denenberg
(medical)

Facts

Plaintiff, Orville Hamilton, was a 34-year-old police officer with the City of Brawley. Plaintiff had testified in another case that defendant officer, Andre Renaldo Simmons, had caused a traffic collision while on duty. After plaintiff's deposition in the underlying case, plaintiff alleged he was harassed by other police officers of the Brawley Police Department, including defendant Simmons. The plaintiff also alleged that on March 31, 1994, he was assaulted and battered by defendant Simmons while at a baton training class. The plaintiff brought this action against Simmons and the City of Brawley based on assault and battery, negligence, negligent supervision and lack of consent theories of recovery.

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 $_____________ .

Specials in Evidence

plaintiff claimed $18,980.71; $57,994.73 (disability) $86,000 to $90,000 $650,000 to $750,000 $20,000

Injuries

The plaintiff claimed a meniscus tear to his right knee requiring xtensive medical treatment including surgery. Plaintiff also claimed complications from the surgery resulted in the development of Reflex Sympathetic Dystrophy, a condition which ultimately led to plaintiff's disability retirement from the Brawley Police Department.

Other Information

The verdict was reached approximately ______ years and ______ months after the case was filed. A settlement conference/ arbitration /mediation was held on ____/_____/19______ before _______________ (name) of _________________ (affiliation) resulting in ______________. Please describe any significant lega/procedural issues which help explain the outcome. Any interesting expert testimony?

Poll

_____ (# PLS.)


#87311

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