Case details
Plaintiff did not suffer injuries during traffic stop: defense
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
fracture, neck
FACTS
On Jan. 7, 2010, at approximately 8 a.m., plaintiff Gregory Bowman, 47, a rancher, was driving on State Route 118 in Los Angeles when he was stopped by California Highway Patrol Officer Orrin Heitmann between Balboa Avenue and Reseda Avenue. Bowman was subsequently cited for an expired registration, no license plates, and no proof of insurance. He was ultimately arrested for refusing to sign the citation and released into the custody of a hospital. Bowman was never charged for the arrest. Bowman sued Heitmann; the company that towed Bowman’s vehicle, Day And Night Towing Inc.; and the believe employers of Heitmann, the state of California, the county of Los Angeles, the city of Los Angeles, and the California Highway Patrol. Bowman brought a civil rights claim for excessive force under 42 USC § 1983, as well as a state claim for battery by a peace officer that was dropped before trial. The county of Los Angeles, the city of Los Angeles and the California Highway Patrol were never served, and Day And Night Towing Inc. was dismissed from the case on demurrer. Thus, the matter continued against the remaining defendants. Bowman claimed that the traffic stop was motivated by Heitmann’s suspicion that he was a Muslin terrorist due to his tan complexion. Bowman contended that as a result, he requested a supervisor at the scene, who later arrived along with a tow-truck driver to impound his vehicle. He claimed the apprehension caused him to feel ill, experience vertigo and almost faint. He also claimed that he hit his head on a sprinkler system when he fell and that after falling, Heitmann dragged him across the gravel, kicked him three times, including once in the eye, and then stomped on his throat. Defense counsel disputed Bowman’s allegations, arguing that Heitmann did not use any force during the subject traffic stop and that Bowman’s account of the incident was a total fabrication. Heitmann admitted that Bowman requested a supervising officer and that Bowman claimed he began to feel ill at the scene. However, Heitmann claimed that he stopped Bowman for not having a license plate, and that Bowman began lying on the ground of his own accord and became unresponsive. He further claimed that this caused him to call the paramedics, resulting in Bowman being released into the custody of the hospital, where Bowman was treated and released., Bowman claimed he sustained a cervical fracture at the C5 level from the alleged assault, as well as an eye injury. He also claimed his head was bleeding from hitting the sprinkler. Bowman claimed he now suffers from post-traumatic distress order and agoraphobia as a result of the incident and that he seeks psychiatric help to treat his condition. He also claimed he suffered excruciating pain as a result of his cervical and head , but that his have since resolved. However, Bowman claimed that due to his and inability to maintain the ranch he owned in Ventura, he lost the property through foreclosure. Thus, at opening, plaintiff’s counsel asked the jury to award Bowman $2 million in total damages. Defense counsel argued that Bowman was not assaulted and did not suffer a C5 fracture during the subject traffic stop. Instead, counsel contended that Bowman suffered from a bone spur or calcium deposit at C5, which pre-existed the incident. Defense counsel further argued that Bowman’s ranch was already in foreclosure on the date of loss and, furthermore, that he had pre-existing psychiatric problems, which Bowman claimed in a prior lawsuit.
COURT
Superior Court of Los Angeles County, Chatsworth, CA
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- brain
- brain damage
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- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
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- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
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