Case details
Teenager struck by police vehicle while riding dirt bike
SUMMARY
$775000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
closed reduction, foot, fracture, hardware implanted, heel, laceration, metatarsal, peroneal tendon, pins, rods, screws, sutures, tear foot
FACTS
On Oct. 20, 2018, the plaintiff, a 15-year-old Black high school sophomore, was riding his dirt bike on the roads and trails of the city of Brentwood when he was approached by Officer Taylor Johnson, who was responding to a call reporting a possible gang fight in the area. When the teenager attempted to drive his dirt bike past the responding patrol vehicle, Johnson turned and struck both the right side of the dirt bike and the teen’s lower, right leg, knocking the teenager off the bike. Johnson then exited his patrol vehicle and handcuffed the teen, who was lying on the ground. The incident was captured on Johnson’s dashboard camera, as well as on the body cameras of several other officers. The teenager was detained in handcuffs at the scene, but no charges were ever filed. The teenager claimed to his right foot. The teenager, by and through his mother, sued Johnson and Johnson’s employer, the city of Brentwood. The lawsuit alleged that Johnson had used unreasonable force by ramming his patrol vehicle into the teen and that Johnson violated the teen’s civil and constitutional rights to be free from the use of excessive force. The lawsuit also asserted California state tort claims and alleged that the city, as Johnson’s employer, was vicariously liable for Johnson’s actions. The city and Johnson’s counsel denied the claims of excessive force., The 5-year-old teen was taken to a hospital, were he was diagnosed with fractures of the first through fourth metatarsal bones of his right foot, as well as a tear of the peroneus tertius tendon in his right foot and a laceration to his right foot. On Oct. 20, 2018, the teenager underwent closed reduction and percutaneous pinning of the first metatarsal shaft fracture; open reduction and percutaneous pinning of the second, third and fourth metatarsal shaft fractures; irrigation, debridement and complex closure of the right foot laceration; and a peroneus tertius tendon repair. The teenager has no limitations and no need for future medical care. The teenager sought recovery of $101,280.07 in total past medical costs. He also sought recovery of damages for his past and future pain and suffering. Defense counsel disputed the nature and extent of the teenager’s , and contended that the teenager had recovered.
COURT
United States District Court, Northern District, San Francisco, CA
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