On Dec. 2, 2012, plaintiffs’ decedent Anthony Osorio, 27, was speeding and driving erratically when California Highway Patrol Officers David Bigalk, Ryan Harrison and Phillip Jones attempted to pull him over. Osorio led the officers on a high-speed pursuit before his vehicle crashed and rolled over in El Cajon. Osorio was ordered to show his hands, exit the vehicle, and get down on the ground. After he exited his vehicle, Osorio was shot several times. He ultimately he died at the scene. It was later determined that Osorio did not have a gun. The decedent’s wife, Brianna Osorio; his children, Joshua Osorio and Juliana Osorio; and his parents, Ted Osorio and Alicia Osorio, sued Bigalk, Harrison, and Jones; and the patrol officers’ employer, the state of California. The decedent’s family alleged that the defendants’ actions constituted excessive force, battery, and negligence in violation of his civil rights under 42 USC 1983. Plaintiffs’ counsel contended that the decedent was unarmed and not holding any objects at the time of the shooting. Thus, counsel argued that they were negligent in their use of police tactics and that the officers should not have used deadly force. Plaintiffs’ counsel also argued that the number of shots fired was excessive. Defense counsel contended that Anthony Osorio failed to comply with the officers’ orders and that Osorio advanced on the officers while holding his right hand behind his back. Counsel maintained that when Osorio brought his right hand forward, the officers opened fire, striking Osorio with approximately 18 rounds. Specifically, defense counsel contended that upon exiting the vehicle, Osorio shouted profanities, refused orders to show hands and get down, and conspicuously held his right hand behind his back while advancing on the officers. Thus, counsel argued that the officers fired when Osorio’s movements appeared as if he was drawing a gun from his rear waistband. Defense counsel further argued that the use of deadly force was consistent with the officers’ training and was reasonable under the totality of the circumstances., Anthony Osorio sustained approximately 18 gunshot wounds and subsequently died at the scene. He was 27 years old. He was survived by his wife, Brianna Osorio; his 12-year-old son, Joshua Osorio; his 8-year-old daughter, Juliana Osorio; his father, Ted Osorio; and his mother, Alicia Osorio. The decedent’s family sought recovery of wrongful-death damages, including $1.1 million in economic damages and $3 million in non-economic damages.