Confidential
Settlement – $410,000Judge
Court
USDC Central
Attorneys
Plaintiff
Donald P. Sullivan
(Jackson Lewis PC)
Defendant
Peter J. Ferguson
(Ferguson, Praet & Sherman APC)
Experts
Plaintiff
F. Warren Lovell M.D.
(medical)
Richard Fox
(technical)
Donald P. Sullivan
(Jackson Lewis PC)
(technical)
Defendant
Charles S. Petty
(medical)
George T. Williams
(technical)
Facts
On March 10, 1992, the plaintiff, a 38-year-old laborer, surrendered to the defendant police officer after a bank robbery and high speed chase on the 605 freeway. After his surrender, he was shot by the defendant police officer who also rammed vehicle several times on the moderately crowded freeway during the chase. The plaintiff brought this action against the defendants state, city and officers based on violation of civil rights and excessive force theories of recovery.
Settlement Discussions
No settlement demands or offers were made.
Specials in Evidence
$50,000 unknown
Injuries
The plaintiff alleged that he sustained seven gunshot wounds (from nine milimeter bullets) which destroyed his stomach wall.
Other Information
The settlement was reached approximately two years and eleven months after the case was filed. Gunshot residue testing conducted on the plaintiff's clothing by expert Stephen Schliebe of Cal Labs in Tustin revealed evidence of rear-entry close range gunshots entering body through the back of his shirt. The matter was tried before Judge Consuelo B. Marshall in February 1995 resulting in a bench verdict of $250,000. Plaintiff's attorney filed a motion under 42 U.S.C. º1988 for attorney's fees and costs in the amount of $160,000 in addition to the $250,000 verdict. The parties then settled for $410,000 in December 1995 and the defendant city did not file a notice of appeal.
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