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Civil Rights
Wrongful Death
Negligence

Dennis Walsh, et al. v. County of Santa Barbara

Published: Jan. 1, 2000 | Result Date: Aug. 5, 1999 | Filing Date: Jan. 1, 1900 |

Case number: CV965120ABC Verdict –  $0

Judge

Audrey B. Collins

Court

USDC Central


Attorneys

Plaintiff

Eric G. Ferrer

Jill O'Gorman

Craig Price


Defendant

Jake Stoddard

David D. Lawrence
(Lawrence, Beach, Allen & Choi PC)


Experts

Plaintiff

Werner Spitz
(medical)

Joseph Rowan
(technical)

Robert M. Kahn
(medical)

Walter Houghtaling
(medical)

Defendant

Karen Tait
(medical)

Brian Blackbourne
(medical)

Elizabeth Peacock
(medical)

Neal L. Benowitz
(medical)

Facts

This case involves the death of a 32-year-old man, Drew Allen Walsh, on May 4, 1995 while he was in custody at the County of Santa Barbara Jail. The plaintiffs are Drew Walsh's mother, Tommie Jean Pitts, and his two children, Ryan Allen Walsh, now age 10, and Chrystal Jean Walsh, now age 16. Decedent was arrested on May 3, 1995, and brought to the Santa Barbara County Jail. The plaintiffs contend that decedent was ill, suffering from obvious symptoms of drug withdrawal and in need of immediate medical care. Notwithstanding these obvious symptoms and defendant's awareness thereof, defendants (jail correctional officers and nurses) allegedly failed to provide decedent with any medical care. As a result, decedent was placed on an upper bunk, 67 inches above the cement floor, from which he fell twice. Correctional officers, nurses and paramedics initiated CPR, but were unable to revive the decedent. The subsequent autopsy revealed the presence of heroin, cocaine and Mellaril (an anti-psychotic medication), and reported the cause of death as the combined effects of acute mixed drug toxicity and small vessel coronary artery disease.

Settlement Discussions

The plaintiffs made a settlement demand for $675,000. The defendants made FRCP º68 offer of judgment for $125,001, which included attorney fees and costs.

Damages

The plaintiffs awarded $200 in compensatory damages and $52,000 in punitive damages.

Injuries

The plaintiffs claimed loss of a 32-year-old son and father of two minor children.

Other Information

The verdict was reached approximately three years after the case was filed.

Deliberation

one month (liability, damages); one week (punitives)

Poll

8-0

Length

18 days


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