On Aug. 25, 2007 shortly after midnight, plaintiff’s decedent Alan Kosakoff, 35, an unemployed paranoid schizophrenic, was driving his sedan when, according to San Diego Police Officer Gottfried, he ran a red light. A chase subsequently ensued, with Kosakoff allegedly speeding away and running through red lights. The chase allegedly continued at speeds of up to 120 mph, forcing the police to employ the use of a helicopter. Kosakoff eventually pulled in front of his mother’s residence on Half Moon Bay Drive in Del Mar Heights, but was shot and killed while still in the car by Officer Gottfried, Officer Douglas and Officer Lenehan. Kosakoff’s mother, Arlene Kosakoff, acting individually, and his father, Harold Kosakoff, acting individually and as representative of his son’s estate, sued Gottfried; Douglas; Lenehan; their supervisor, Police Chief Williams Lansdowne; and their employers the city of San Diego and the San Diego Police Department. They alleged that the responding officers used excessive force, making them liable for their son’s wrongful death. They also alleged that Lansdowne, the city and the police department were vicariously liable for the responding officers’ actions. Plaintiffs’ counsel contended that Alan Kosakoff had not committed any prior crime besides failing to stop and attempting to evade police officers. Counsel also contended that by the time Kosakoff had pulled towards his mother’s home, he was below the speed limit and obeying all traffic laws. Counsel further contended that Gottfried, Douglas and Lenehan were told to discontinue their pursuit, but failed to do so. In addition, plaintiffs’ counsel presented eyewitnesses who stated that the officers’ commands could not be heard because they were simultaneously shouting. The eyewitnesses also claimed that Kosakoff’s vehicle was moving slowly away from the officers at the time of the shooting, with one eyewitness claiming that the vehicle was moving so slow, it appeared to be not moving at all. Plaintiffs’ counsel asserted that police procedures dictate that officers do not shoot at moving vehicles. Counsel also asserted that the officers should have ascertained Kosakoff’s mental state, and that if they had, they would have found that Kosakoff was a paranoid schizophrenic who had refused to take his medication for about one year prior to his death. Defense counsel contended that Alan Kosakoff had led police officers on a high-speed and dangerous chase on Interstate 5 and Interstate 805. The responding officers claimed that after Kosakoff pulled up in front of his mother’s house, Gottfried stood by Kosakoff’s driver’s side door, Lenehan stood at the rear driver’s side door and Douglas stood at the vehicle’s front, passenger side. However, Gottfried claimed that as he tried to pull Kosakoff out of the vehicle, he found that Kosakoff was still belted in. Gottfried alleged that Kosakoff then reversed the vehicle as if the officers were not there and “kind of turned to the right a little bit,” causing him to feel as if he would be trapped against another car parked in the garage. The officers further claimed that as Kosakoff reversed his vehicle, they had reasonable fear for their safety, leaving the officers no choice but to shoot him., Alan Kosakoff was shot once in the thigh and once in the back of his head. Officers subsequently performed CPR on him and he was taken via ambulance to a hospital, where he underwent multiple surgeries. Kosakoff died about six weeks later while in San Diego Hospice. Kosakoff was 35. He had no dependents, and was survived by his brother and parents. His family claimed that they enjoyed a close relationship with the decedent and that Kosakoff lived his entire life near them, except for his time earning his college degree at the University of California, Berkeley. They alleged that they will miss many moments they enjoyed with Kosakoff, such as watching the television program “Jeopardy” together and playing board games like Trivial Pursuit. Thus, Kosakoff’s family sought recovery of wrongful death damages as a result of the decedent’s fatal shooting.