Case details

Police officer denied lunging at 77-year-old man

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, left shoulder, mental, pain, psychological
FACTS
On June 29, 2010, plaintiff Larry Larson, 77, a music store owner, was in his store when he was approached by Glendale Police Officer Jose Borbon. An individual found that the rear of her coworker’s vehicle was struck by another vehicle. It was believed that the vehicle was struck by a vehicle that was parked behind it. As a result, the individual went inside Larson’s music store and enquired whose vehicle it was that was parked behind her coworker’s vehicle. Larson allegedly admitted that he was the owner of the vehicle, but that he would not exchange insurance information with her. The individual then contacted the police, and Borbon responded to a scene. When Borbon asked Larson about the accident, Larson denied bumping the vehicle. However, Larson claimed that Borbon battered him by lunging at him and handcuffing him tightly. Larson sued Borbon and Borbon’s employer, the city of Glendale. Larson alleged that Borbon’s actions constituted battery and elder abuse and that the city was liable for Borbon’s actions. The city was ultimately dismissed from the case, and the matter continued against Borbon only. Larson denied bumping his shoulder into Borbon, but that Borbon used the alleged assault as an excuse for disciplining him for failing to admit that he had rear-ended the other vehicle. Larson alleged that Borbon tried to show him how he allegedly bumped into Borbon by taking a couple steps back and lunging into his left shoulder. He claimed that the impact knocked him back, causing immediate pain to his left shoulder, and that Borbon further injured him when he handcuffed him. Borbon claimed that Larson was uncooperative at the scene, but denied lunging at Larson. He contended that he requested that Larson exchange his insurance information and that he attempted to keep the parties separated, but that Larson was uncooperative and angry. Borbon claimed that at one point, Larson bumped his shoulder against his shoulder, constituting an assault on a police officer. He claimed that as a result, he then briefly applied the handcuffs to Larson for a few minutes, but that when Larson became cooperative, the handcuffs were removed., Larson claimed he suffered immediate pain to his left shoulder. He subsequently underwent medical treatment after the incident. He was ultimately diagnosed with a bilateral rotator cuff strain. Larson claimed that his left shoulder pain continues, impairing his quality of life. He also claimed that his injury prevents him from being able to play the accordion anymore. Although he had no medical testimony at trial, Larson presented a medical lien from a Kaiser medical facility that itemized dates of treatment and costs. Thus, he sought recovery of damages for his past and future pain and suffering, and recovery of emotional distress damages.
COURT
Superior Court of Los Angeles County, Burbank, CA

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