Hung Lam, individually, through his sister Kathy Lam v. City of San Jose; Larry Esquivel, in his capacity as Chief of Police for the City of San Jose; and Dondi West, individually and in her official position as a San Jose Police Officer, and Does 1 through 25, inclusive
Published: Apr. 9, 2016 | Result Date: Dec. 21, 2015 | Filing Date: Jan. 1, 1900 |Case number: 5:14-cv-00877-PSG Verdict – $11,300,000
Court
USDC Northern
Attorneys
Plaintiff
Benjamin Nisenbaum
(Law Offices of John L. Burris)
John L. Burris
(Law Offices of John L. Burris)
Defendant
Christian B. Nielsen
(Office of the San Jose City Attorney)
Clifford S. Greenberg
(Office of the San Jose City Attorney)
Experts
Plaintiff
Carol R. Hyland M.A.
(medical)
Winthrop Smith Ph.D.
(technical)
John Ryan
(technical)
Gregg Stutchman
(technical)
Jim Norris
(technical)
Richard J. Shaw
(medical)
Robert W. Johnson CPA
(technical)
Alex B. Barchuk M.D., C.L.C.P.
(medical)
Defendant
Greg Meyer
(technical)
Alan E. Brooker
(medical)
Karen M. Preston R.N.
(medical)
Kenton Wong
(technical)
Maureen D. Miner
(medical)
Andrew M. O'Brien
(technical)
Erik Volk
(technical)
Facts
Plaintiff Hung Lam, 36, sued the City of San Jose, chief of Police Larry Esquivel, and Officer Dondi West, after he was shot by Officer West on Jan. 3, 2014, Lam was rendered a paraplegic.
Contentions
PLAINTIFF'S CONTENTIONS:
Lam contended that he was having a psychotic suicidal episode and was holding a kitchen knife, but that he only posed a danger to himself. Plaintiff claimed that Officer West was unjustified in shooting him. He brought a complaint for damages for violation of civil rights.
DEFENDANT'S CONTENTIONS:
Officer West contended that Lam was under the influence of the drug ecstasy and that she was justified in shooting Lam because he refused to drop the knife and advanced toward her in a threatening manner.
Injuries
Lam was permanently paralyzed from the waist down due to a gunshot wound to his back.
Result
The court found that Officer West was 65 percent at fault and that Lam was 35 percent at fault. It determined Lam's damages to be $11.3 million. Because Lam prevailed on his claims that did not involve comparative fault, his award was not diminished.
Other Information
FILING DATE: Feb. 26, 2014.
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