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Civil Rights
Police Negligence
Failure to Warn

Sandra Mancha and Gary Coleman v. City of Ontario

Published: Jan. 23, 1999 | Result Date: Dec. 2, 1998 | Filing Date: Jan. 1, 1900 |

Case number: SCV12184 Verdict –  $5,000,000

Judge

Cynthia Ludvigsen

Court

San Bernardino Superior


Attorneys

Plaintiff

Robert L. Bastian Jr.
(Bastian & Dini)

Marina R. Dini
(Bastian & Dini)


Defendant

William F. Bernard

Norman J. Watkins
(Lynberg & Watkins )


Facts

On November 25, 1992, a police technician with defendant Ontario Police Department promised Christopher Mancha, a 16-year-old student, confidentiality in return for informing during the investigation of a burglary at the Mancha home. This promise of confidentiality was not communicated to detectives investigating the burglary. On Dec. 3, 1992, a detective interviewing gang members who were suspects in the burglary breached the promise and divulged to the gang members that Christopher had provided information implicating them in the burglary. The detective never warned the Manchas that Christopher was in danger. The next evening or subsequent early morning of Dec. 5, 1992, one of the gang members murdered Christopher and was subsequently arrested and convicted of the murder. The plaintiffs brought this action against the defendant based on a negligence/failure to warn theory of recovery.

Settlement Discussions

Prior to trial, plaintiffs offered binding arbitration with a high/low of $3 million/$300,000. Prior to the reading of the verdict, plaintiffs offered to seal the verdict to a high/low of $1.15 million/$300,000. The defendants rejected all offers of settlement and made a counter-offer for waiver of the costs of defense.

Injuries

The plaintiffs sought non-economic damages for loss of love, companionship, comfort, affection, society, solace and moral support.

Other Information

The verdict was reached approximately 5 years after the case was filed. A settlement conference before Judge Fawke resulting in no settlement and assignment to trial .

Deliberation

one day

Poll

10-2

Length

10 days


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