Confidential
Settlement – $725,000Judge
Court
USDC Central
Attorneys
Plaintiff
Defendant
Eugene P. Ramirez
(Manning & Kass Ellrod Ramirez Trester LLP)
Experts
Plaintiff
Lou Reiter
(technical)
Defendant
Sara Reddy
(medical)
Ronald L. Moen
(technical)
Facts
On Jan. 13, 1988, at 1:25 a.m., defendant city's police officers, in two police patrol vehicles, were in pursuit of a 1972 Buick which had possibly been involved in a minor hit and run traffic accident involving parked cars and a house porch. Citizens had reported the vehicle was being operated in a very erratic manner. Both police vehicles utilized red lights and sirens. The three vehicles proceeded northbound on Normandie Avenue at speeds increasing to 100 mph. The vehicles ran through four red lights. At Normandie Avenue and 120th, the fourth light, the Buick broadsided an eastbound vehicle, driven by the plaintiff's decedent, who had entered the intersection legally on a green light. The resulting great collision killed the decedent instantly. After the crash, it was discovered that the driver of the Buick was 9 years old. He was miraculously not injured. At autopsy, it was discovered that decedent had a significant amount of cocaine in his blood stream. The plaintiff, the decedent's 14-year-old son, brought this action against the defendant based on a negligence theory of recovery. During trial, the plaintiff was granted leave to amend the complaint to allege that defendant's failure to train its officers was in violation of 42 U.S.C. º1983. This claim was based upon the 9th U.S.Circuit Court of Appeals case of Lewis v. Sacramento. (That case was subsequently overruled by the U.S. Supreme Court.)
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 $____________.
Injuries
Death of a father.
Other Information
The settlement was reached approximately 9+ years after the case was filed. The city was originally sued in state court only. It claimed immunity under Vehicle Code º17004.7, since it had a valid police pursuit policy. The Los Angeles Superior Court agreed and granted a summary judgment. The plaintiff successfully appealed. The published decision set a precedent, requiring that such police pursuit policies must have meaningful content. After the summary judgment was reversed, the case was returned to Los Angeles Superior Court. A three-week trial commenced on May 19, 1997. The case ended in a mistrial following a jury that was hung 8-4 in favor of the plaintiff. The jury deliberated eight days before declaring itself hung. The city removed the case to federal court following a mistrial. The court accepted only the portion of the case based upon the violation of 42 U.S.C. º1983. The remainder of the case was returned to the Los Angeles Superior Court for retrial. A global settlement conference was held before U.S. District Court Magistrate James McMahon. Both the state court and federal court actions were settled. Within a month of the settlement, the U.S. Supreme Court overruled Lewis v. Sacramento, which would have eliminated the plaintiff's federal court claims.
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