Robert Erving, et al. v. County of San Bernardino
Published: Jun. 29, 1996 | Result Date: May 9, 1996 | Filing Date: Jan. 1, 1900 |Case number: RCV64336 – $0
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Tae-Soon Kim
(medical)
Thomas O'Callaghan
(medical)
Facts
The plaintiff, Robert Erving, a 41-year-old unemployed man, had a long history of mental problems and had been in and out of mental institutions since the 1970's. On August 1, 1991, the plaintiff was arrested by officers from the City of San Bernardino police department after he allegedly sold rock cocaine to an undercover officer. After his arrest, the plaintiff was transported to the defendant San Bernardino County sheriff department's West Valley Detention Center in Rancho Cucamonga. During the subsequent 90 days, the plaintiff remained in pre-trial custody at the detention center. In September of 1991, the plaintiff entered a guilty plea to the drug charge. On October 29, 1991, the plaintiff again appeard in court for a probation hearing and sentencing. At that time, the court sentenced the plaintiff to 90 days in jail with credit for the 90 days spent in pre-trial custody and issued a jail order mandating the plaintiff's release. After sentencing, the plaintiff was transported back to the West Valley Detention Center for release. The plaintiff completed out-processing and was released by Sheriff's deputies at approximately 11:30 p.m. During the plaintiff's probation and sentencing hearing, the plaintiff's father was telephoned by the plaintiff's criminal attorney and advised that his son would be released that day. The plaintiff's father drove to the detention center at approximately 3:00 p.m. When the plaintiff had not been released by 7:00 p.m., the plaintiff's father returned home. Approximately 5+ hours after the plaintiff's release from custody, the plaintiff was struck by a truck after he walked into a westbound lane of the I-10 freeway approximately 1+ miles from the West Valley Detention Center. The plaintiffs, Robert Erving, through his guardian ad litem, Keith Erving, brought this action against the defendant County of San Bernardino based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $2,000,000 at the time of trial. The defendants made no settlement offers.
Specials in Evidence
$225,000
Injuries
The plaintiff suffered massive injuries including a liver laceration, perforation of the duodenum, an open fracture of the left and right tibia and numerous body and facial lacerations as a result of the defendant's conduct.
Other Information
The verdict was reached approximately three years and six months after the case was filed. An arbitration was held on June 15, 1994, before Mary Richardson, Esq. resulting in a defense award. The plaintiff requested trial de novo.
Deliberation
4 hours
Poll
11-1
Length
8 days
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