Case details

Security guard’s excessive force, resulted in death: family

SUMMARY

$1070359

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
abdomen, death, gunshot wound
FACTS
On June 19, 2015, plaintiffs’ decedent Brandon Gudino, 21, parked at a gas station, in Oakland, in to patronize a local taco truck with his girlfriend. Upon returning to his car, Gudino and his girlfriend were confronted by David Porlaris, an armed security guard, because the parking lot was for customers of the gas station only. Porlaris noted that the parking lot had signs that indicated that the parking spots were for customers only and that other vehicles would be towed. Gudino and Porlaris became engaged in a verbal altercation, which turned physical. During the altercation, Porlaris pepper-sprayed Gudino’s girlfriend and attempted to pepper-spray Gudino. When that didn’t stop the altercation, Porlaris struck Gudino with his baton and threw him to the ground. While they were tussling on the ground, Porlaris struck Gudino in the head with his baton. Gudino yelled for help, and his friends rushed to his aid. Gudino’s friends kicked and punched Porlaris in an attempt to break up the fight. Once separated, one of Gudino’s friends attempted to restrain Gudino, but Gudino managed to wiggle free. As Gudino approached Porlaris, Porlaris unholstered his sidearm and shot Gudino in the abdomen. Gudino was pronounced dead at the scene. The decedent’s minor son, Julian Hart, acting through his mother, Julian Hart, sued Porlaris; Porlaris’ employer, Intervention Group Inc.; the gas station’s owner and operator, DODG Corp., which was doing business as Save On Gasoline, LLC. The decedent’s parents, Julio Gudino and Rosa Monserrat Bejerano, filed a separate lawsuit against Porlaris, Intervention Group and DODG. The matters were consolidated. Two companies initially believed to be operators of the gas station, 7-Eleven Inc. and Valero Energy Corp., were initially named as defendants in both lawsuits, but the corporations were ultimately dismissed, as they were improperly named. In addition, Porlaris and Intervention Group settled out of the case before trial. Thus, the matter continued against DODG only. Plaintiffs’ counsel contended that Porlaris escalated the conflict by pepper-spraying the decedent’s girlfriend and that when Porlaris attempted to pepper-spray Brandon Gudino, the decedent fought back. Counsel argued that Porlaris used excessive force instead of attempting to de-escalate the conflict and that if it had not been for Porlaris’ escalation of the conflict, he would not have needed to use lethal force. Counsel further argued that Porlaris’ conduct fell below the standard of care for an armed security guard and that DODG was vicariously liable for Porlaris’ actions, as Porlaris was acting as an agent of DODG. The plaintiff’s security expert opined that Porlaris breached the standard of care by verbally provoking Gudino and his girlfriend, punching Gudino, pepper-spraying Gudino’s girlfriend and striking Gudino in the head with his baton. The expert also opined that Porlaris’ unreasonable use of force and failure to employ de-escalate techniques was a substantial factor in Gudino’s death. Porlaris testified that he told Gudino to move his car or it would be towed, but that Gudino and his girlfriend became verbally abusive and threatened him. He also claimed that he struck Gudino in self-defense. However, plaintiffs’ counsel noted that the gas station’s video surveillance showed Porlaris striking Gudino seemingly unprovoked, and an eyewitness testified that Porlaris was the initial aggressor. DODG’s counsel argued that Porlaris was not responsible for shooting Gudino because Porlaris used reasonable force under the circumstances. Counsel also argued that Porlaris’ alleged negligence was cut off when Gudino’s friends jumped into the fight because their intervention was unforeseeable. Counsel contended that Polaris reasonably believed that Gudino and his friends were going to seriously injure him and, therefore, Porlaris had the right to use lethal force in self-defense. In addition, DODG’s counsel argued that Porlaris was an employee of Intervention Group and an independent contractor and that, therefore, DODG was not liable for Porlaris’ alleged misconduct., Brandon Gudino sustained a gunshot wound to the abdomen and was pronounced dead at the scene. He was 21 years old. He was survived by his biological son, Julian Hart, who was 1 year old at the time, and his parents, Julio Gudino and Rosa Monserrat Bejerano. Julian sought recovery of wrongful death damages for the loss of his father. Julian’s counsel asked the jury to award Julian $2 million in total damages. The decedent’s parents claimed that they were financially dependent on their adult son. As a result, their counsel asked the jury to award the decedent’s parents $3 million in total damages, including the loss of the decedent’s earnings and support.
COURT
Superior Court of Alameda County, Oakland, CA

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