Facts

Decedent, Jose Torres, was standing on the sidewalk in front of his home when he was shot in the back in a drive-by shooting. His mother and brother, plaintiffs in this action, placed him in the back of a van to take him to the hospital. Two sheriff's deputies heard the shots and were heading to the scene. A woman pointed to plaintiff's vehicle and told the officers its occupants had been involved in the shooting. The officers pursued the van and ordered it to stop. Vicente Torres stopped the car and shouted that a gunshot victim was inside the vehicle. The officers called for paramedics and entered the van. Maria Torres was cradling the decedent in her arms in the back of the van. Sergeant Ralph Miller asked her to step out of the van and entered the vehicle himself. The decedent did not appear to have a pulse and his pupils were fixed. Miller commenced CPR until the paramedics arrived. The paramedics also found the decedent unresponsive and he was pronounced dead on arrival at the hospital. The plaintiffs sued the county and Miller for wrongful death, wrongful detention and negligent infliction of emotional distress.

PLAINTIFFS' CONTENTIONS:
The plaintiffs claimed that because the police stopped them en route to the hospital, the decedent did not receive the medical attention he needed to save his life. They also contended that they were forced to witness the decedent's death, and Vicente alleged that one officer told him they were going let him sit there and watch his brother die.

DEFENDANTS' CONTENTIONS:
The defendants denied any wrongdoing. They claimed that the officers had probable cause to detain the car because it had just come from the scene of a felony. They pointed out that they called paramedics immediately and that the gunshot was a fatal wound, so the detention did not cause the decedent's death.

Damages

The plaintiffs claimed decedent helped support the household, providing about $800 per month. The decedent was a loving son and brother with whom plaintiffs were very close.

Result

The jury found the defendants were not the cause of decedent's death.

Deliberation

five hours

Poll

10-2 (liability), 12-0 (causation)

Length

eight days