Facts

Defendant James Simon was a security guard for West Coast Security and Patrol Co. While he driving his patrol car around a Richmond public housing complex, he saw David Adams, a 41-year-old home health attendant, jump from a balcony. The defendant had received a call from a tenant that a television set had been thrown out of a second-floor balcony. The defendant started questioning Adams who was wearing black clothes and holding scissors. The questioning turning into an alteration wherein defendant put Adams in a chokehold as they fell to the ground. Adams died from restraint-related asphyxia.

PLAINTIFF'S CONTENTIONS:
The plaintiff is Adams' daughter, Cristina Adams. She sued defendants West Coast Security and Patrol Co., and its owner Mazzin El-Hosseiny for negligent hiring. She also sued defendant Simon for negligence. The plaintiff's forensic pathology expert and the Alameda County coroner testified that Adams died of restraint-related asphyxia, concluding that plaintiff choked Adams to death.

The plaintiff noted that Simon's security guard license had been revoked before the incident, asserting that Simon was untrained and unlicensed. Her expert on security procedures opined that Simon did not have probable cause to start an altercation with Adams. The expert claimed that Simon's role was to observe and report only, but not get involved. He also testified that Simon should have let Adams walk away.

DEFENDANTS' CONTENTIONS:
The defendants argued that Simon satisfied all the training requirements and passed all the tests needed to obtain a security guard license. However, the state lost his file and there was no proof that the revocation was justified. Simon had not been told of the revocation. The defendants further argued that Simon, who was unarmed, was acting in self-defense against Adams who was much larger and also carrying a weapon.

The defense's security expert testified that Simon's actions complied with industry standards. He agreed that Simon was supposed to observe and report. However, in order to prevent crime, a security guard must be proactive, confront suspects and ask questions, which is what Simon did.

The defendants further claimed that Adams took a massive dose of crystal methamphetamine right before the incident and that he was excitedly delirious, a state in which many users get to immediately prior to dying from a drug overdose.

Settlement Discussions

The plaintiff made a demand of $200,000 per C.C.P. Section 998; defendants' offer was $25,000.

Damages

Adams' daughter, Cristina, age 23, sought $450,000 for loss of his care, comfort and society.

Result

The jury found defendants not negligent.

Other Information

According to defendant, plaintiff made a Motion for New Trial, which was denied.

Deliberation

three hours

Poll

10-2 (on negligence)

Length

10 days