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
Court
USDC Central
Attorneys
Plaintiff
Defendant
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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