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Civil Rights
Police Misconduct
Excessive Force

Anthony Martin v. City of Burbank

Published: Apr. 18, 1998 | Result Date: Feb. 21, 1998 | Filing Date: Jan. 1, 1900 |

Case number: EC017852 Verdict –  $0

Judge

Charles W. Stoll

Court

L.A. Superior Glendale


Attorneys

Plaintiff

Brian T. Dunn
(The Cochran Firm)


Defendant

Richard R. Terzian
(ARC )

Kristin A. Pelletier


Experts

Plaintiff

Earl Rye
(technical)

Defendant

Lawrence Kasher
(technical)

Facts

On June 22, 1994, plaintiff Anthony Martin, a 24-year-old unemployed man, was stopped by the defendant city of Burbank police officers. The plaintiff claimed he was placed on the hood of a police car and incurred severe burns, requiring several surgeries over the ensuing year. The defendant contended that the plaintiff was never placed on the hood but leaned against the front bumper push bar; and that he could not have incurred burns by sitting on a car hood. The plaintiff brought this action against the defendant based on negligence and violation of civil rights theories of recovery. The court granted summary judgment on the plaintiff's civil rights claim.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $35,000. The defendant made no offer.

Specials in Evidence

$71,000

Damages

The plaintiff claimed $150,000 for emotional distress.

Injuries

The plaintiff alleged third degree burns requiring three surgeries.

Other Information

The verdict was reached approximately two years and 10 months after the case was filed.

Deliberation

five hours

Poll

12-0

Length

seven days


#89050

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