Case details
Deputies’ own actions triggered holstered guns, defense argued
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
disfigurement, emotional distress, leg, mental, nerve damage, neurological, neuropathy, psychological, scar
FACTS
On April 29, 2015, plaintiff Sandra Capps, 49, a Los Angeles County sheriff’s deputy, was wearing a backpack on her right shoulder and a Safariland 6280LASD duty holster, which contained a Smith & Wesson M&P 9-millimeter handgun with a mounted light, on her right hip. She was using her right hand to pull a dolly loaded with two heavy boxes, but as she was loading her vehicle, her firearm discharged sending a bullet through her calf. She claimed that the strap of her backpack fell into her holster on its own accord and triggered the gun. Five months later, on Sept. 2, 2015, plaintiff Michael Lorenzi, 52, a Los Angeles County sheriff’s deputy, was carrying a bag filled with wet SCUBA diving gear on his right shoulder along with a tank, buoyancy compensator and rolling equipment bag. As Lorenzi shrugged the bag off his shoulder, it fell to the ground while a plastic clip connected to the bag entered his Safariland 6280LASD duty holster, triggering his duty firearm. Lorenzi did not sustain an injury. Capps and Lorenzi sued the designer and manufacturer of the holster, Safariland LLC. They alleged Safariland defectively designed the 6280LASD duty holster. Plaintiffs’ counsel noted that the subject holster was specifically designed pursuant to the Los Angeles County Sheriff’s Department’s specifications and chosen handgun with accessories, so it was designed to carry a gun with a mounted light. However, plaintiffs’ counsel asserted that the holster was defective because it provided space around the trigger guard of a holstered firearm. Defense counsel argued that the numerous benefits of the holster, including its well-known ability to prevent an attacker from taking an officer’s firearm away and shooting the officer with his own weapon, far outweighed any alleged risk of the design of the holster. Counsel contended that the space around the trigger guard was necessary to accommodate the sheriff’s department’s specifications and chosen handgun with mounted light. Counsel also asserted that forensic reconstruction could not duplicate the incident as Capps claimed it occurred, so Capps must have negligently holstered her firearm with the backpack strap through its trigger guard. Defense counsel contended that as Capps removed her backpack at her car, she created a “pulley” with the strap wrapped through, over, and around her holster and firearm so that when the backpack pulled the strap, it fired the weapon. Defense counsel noted that even Capps agreed that the described scenario would be negligent. Counsel also noted that the Sheriff’s Department’s person most qualified regarding training testified that deputies are extensively warned, from day one, to be careful of carrying anything on their “gun-side,” and to not allow any foreign objects in the trigger guards of their weapons or holsters, as stray objects can cause a holstered firearm to discharge. Based on that testimony, defense counsel argued that Capps and Lorenzi ignored their training., Capps sustained a gunshot wound to her right calf. Immediately following the incident, Capps was transported to a hospital. She suffered an entry wound at the upper, right calf and an exit would above the ankle. She underwent physical therapy. Capps was a deputy for 28 years. She returned to full duty work without any restrictions or accommodations approximately five months after the incident. However, she claimed she sustained permanent nerve damage, which caused weakness in the calf and numbness at times. She also complained of painful cramping, permanent scarring, and intermittent swelling as a result of the injury. Capps additionally claimed she suffers from emotional distress as a result of her altered body image and concern about her reputation as a training officer. Capps’ husband, Donald Capps, sought recovery for his loss of consortium. At trial, the Capps sought recovery of more than $7 million in total damages. Lorenzi sustained no physical , but claimed he suffers from emotional distress as a result of the incident. He claimed he had trouble sleeping for a short period of a few days or so. He also claimed he suffered embarrassment, harm to his reputation and concern that he could have shot someone. However, he did not seek counseling. Lorenzi sought recovery of $500,000 in damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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