Case details
Driver resisted arrest and was noncompliant, police contended
SUMMARY
$10000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
back, fracture, fusion, lumbar
FACTS
On June 6, 2016, plaintiff Jonathan Lovelass, 27, was driving a vehicle and being pursued by a San Diego County sheriff deputy. When Lovelass did not yield to the deputy’s demand to pull over, a slow speed pursuit ensued for several miles. Other deputies deployed a spike strip, which deflated several of Lovelass’ tires and caused his vehicle to come to a stop at a three-way intersection. The deputies approached the stopped vehicle and negotiated with Lovelass for more than 15 minutes, but Lovelass allegedly refused to comply with commands. The deputies eventually deployed pepper balls into the vehicle and then shocked Lovelass with a Taser in an attempt to get Lovelass to open the driver’s side door. However, Lovelass’ vehicle accelerated several feet and collided into a concrete bollard. The deputies then deployed a beanbag round through the passenger side door, and Lovelass was removed from the vehicle via the passenger side door. Lovelass claimed that he suffered a fractured lumbar vertebra as a result of the incident. Lovelass sued the deputies’ employers, San Diego County and the San Diego County Sheriff’s Department; and several of the officers, including Eric Babcock, Larry Hammers, Shannon Justice, Rey Lyyjoki, Matthew Moser, Kevin Nulton, Minerva Ramos and Jovanni Silva. Lovelass alleged that the deputies’ actions constituted excessive force in violation of his constitutional rights. He also alleged that the deputies’ handling of the incident was negligent and that the deputies intentionally and/or negligently inflicted emotional distress. Lovelass further alleged that the county and sheriff’s department were liable for the deputies’ actions and that the defendants’ actions constituted violations of the Bane Act. Defense counsel asserted that Lovelass was non-compliant at all stages and that Lovelass resisted detention and arrest. Specifically, counsel contended that Lovelass refused to pull over during the slow speed pursuit and that when Lovelass refused to comply with commands after his vehicle came to a stop, the deputies approached the vehicle as a high-risk stop and deployed pepper balls into the vehicle. Counsel also contended that when Lovelass still refused to comply, the deputies shocked Lovelass with a Taser and that the deputies were only able to pull Lovelass from the vehicle after he crashed while attempting to flee and was shot with a beanbag. Thus, defense counsel asserted that the force used was reasonable in order to arrest Lovelass and take him into custody and that Lovelass was only able to be apprehended after he required a medical assessment and was unfit to continue driving., Lovelass was taken to a hospital, where it was determined that he sustained an L5 burst fracture. He ultimately underwent a lumbar fusion within a day of the incident. Lovelass claimed the fractured lumbar vertebra was due to the sheriff’s deputies’ use of force. Lovelass sought recovery of approximately $30,000 in adjusted past medical costs. (However, according to defense counsel, Lovelass sought recovery of $1 million in past medical costs and $1 million in future medical costs.) Lovelass also sought recovery of damages for his past and future pain and suffering, as well as recovery of punitive damages. Defense counsel contended that Lovelass’ back injury was caused by Lovelass’ own acceleration into the concrete bollard in the intersection and that the injury was not due to the sheriff’s deputies’ actions.
COURT
Superior Court of San Diego County, San Diego, 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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