Case details
Officer acted in the interest of officer safety, defense argued
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
back pain, wrist
FACTS
On Feb. 1, 2010, plaintiff Philip Ramirez, 65, was in a duplex in Alhambra when a police officer with the city of Alhambra grabbed Ramirez’s arm, yanked him outside, and threw him to the ground. Ramirez sued Officers Michael Page and James Poggensee; and the officers’ employer, the city of Alhambra. Ramirez alleged that the officers’ actions constituted assault and battery, negligence, and violations of the Bane act. He also alleged that the city was vicariously liable for the officers’ actions pursuant to Government Code § 815.2(a). Prior to trial, Poggensee was dismissed from the case. Thus, the matter proceeded only against Page and the city on the claims of battery and violations of the Bane Act. Ramirez claimed that as he attempted to return to his duplex in order to get his identification to show it to the officers, Page crossed the doorway threshold, grabbed his arm, yanked him outside, and threw him to the ground. He also claimed that Page picked him up and threw him down twice more, and then kneed him in the back. Defense counsel contended that the officers went to the duplex next to Ramirez’s home in order to investigate a suspected child abuse report when Ramirez came outside and confronted the officers in an agitated manner. Counsel also contended that after the confrontation, Ramirez quickly returned to his home, even after the officers asked him to stay outside. Page claimed he saw Ramirez lean toward the back of the couch with one hand (so that he could not see Ramirez’s hand), and was concerned Ramirez was arming himself. Page alleged that as a result, he pulled Ramirez down onto the front landing. However, he denied crossing the threshold of Ramirez’s doorway, and claimed he and Poggensee acted for reasons of officer safety and child welfare, given the pending abuse investigation., An ambulance brought Ramirez to an emergency room on the date of the incident and medical reports indicated that Ramirez had a skinned elbow and a bump on his lower shin. Ramirez claimed he also suffered back pain, wrist , and post-traumatic stress disorder from the incident. Ramirez’s post-incident medical/psychiatric care was covered by the Veteran’s Administration and Medicare, and the city paid for Ramirez’s ambulance and E.R. visit on the date of the incident. Thus, Ramirez did not present the amounts of his medical costs at trial. Defense counsel argued that Ramirez’s claims of back pain, wrist , and PTSD were not supported by medical records. Counsel also argued that Ramirez had previous back and wrist , along with PTSD stemming from Ramirez’s service in Vietnam. Thus, defense counsel argued that Ramirez did not suffer any injury other than a skinned elbow and a bruised shin as a result of the incident.
COURT
Superior Court of Los Angeles County, Pasadena, CA
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
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
- Show More
- Show Less
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury