Estate of Manuel Jaminez Chum et al v. City of Los Angeles et al

Filing 106

JUDGMENT AFTER TRIAL by Judge Michael W Fitzgerald. Pursuant to Rules 54(a) and 58(b)(2)(A) of the FRCP, IT IS HEREBY ORDERED, ADJUDGED and DECREED that judgment on the merits be entered in favor of Defendants CITY OF LOS ANGELES and OFFICER FRANK HE RNANDEZ, and against Plaintiffs ESTATE OF MANUEL JAMINEZ CHUM, ISABEL MARROQUIN TAMBRIZ, M.E.J.M., J.J.M., and M.J.M., and that Plaintiffs take nothing; and that Defendants CITY OF LOS ANGELES and OFFICER FRANK HERNANDEZ be entitled to recover their costs from the Plaintiffs in accordance with Local Rule 54. (MD JS-6, Case Terminated). (jp)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Estate of MANUEL JAMINEZ CHUM,
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Plaintiffs,
vs.
CITY OF LOS ANGELES, et al.,
Defendants.

) CASE NO.: CV10-8228 MWF (Ex)
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) U.S. District Judge Michael W. Fitzgerald
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) JUDGMENT AFTER TRIAL
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We the jury, in the above entitled case, unanimously find as follows:

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3 Question No. 1 (Section 1983 Claim and Battery Claim):
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Did Officer Frank Hernandez use unreasonable force against Manuel

5 Jaminez Chum?
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________ YES

____X____ NO

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9 Please proceed to Question No. 2:
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11 Question No. 2:
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Was Officer Frank Hernandez negligent toward Manuel Jaminez Chum?

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________ YES

___X____ NO

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16 If you answered "yes" to Question No. 2, please proceed to Question No. 3.
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18 If you answered "no" to Question No. 2, but “yes” to Question No. 1, please
19 answer Question Nos. 7, 8 and 9.
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21 If you answered “no” to both Question Nos. 1 and 2, please sign and date the
22 verdict form and return it to the Court.
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1 Question No. 3:
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Was Officer Hernandez’ negligence a substantial factor in causing the deth of

3 Manuel Jaminez Chum?
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________ YES

_______ NO

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7 Please proceed to Question No. 4.
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9 Question No. 4:
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Was Manuel Jaminez Chum negligent?

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________ YES

_______ NO

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14 Please proceed to Question No. 5.
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16 Question No. 5:
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Was the negligence of Manuel Jaminez Chum a substantial factor in causing

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________ YES

_______ NO

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22 If you answered “no” to Question No. 5, please proceed to Question No. 7.
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24 If you answered “yes” to Question No. 5, please proceed to Question NO. 6.
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2 Question No. 6:
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What percentage of responsibility for Manuel Jaminez Chum's death do you

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Defendant Officer Frank Hernandez ______________ %

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Manuel Jaminez Chum

______________ %

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11 If you answered “yes” to either Question Nos. 1 or 3, please answer the remaining
12 questions.
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14 If you answered “no” to both Question Nos. 1 and 3, please sign and date the
15 verdict form and return it to the Court.
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17 Question No. 7:
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What amount of damages do you award Manuel Jaminez Chum?

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Amount: $ _______________________

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23 Please proceed to the next question.
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2 Question No. 8:
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What are the Plaintiffs’ damages?

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Isabel Marroquin Tambriz

$ ___________________

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M.E.J.M.

$ ___________________

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J.J.M.

$ ___________________

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M.J.M.

$ ___________________

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10 Please proceed to the next question.
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12 Question No. 9:
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Were the actions of Defendant Officer Frank Hernandez malicious,

15 oppressive, or in reckless disregard of the decedent’s rights?
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________ YES

_______ NO

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20 Please sign and return this verdict form and return it to the Court.
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22 Dated: August 9, 2012
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Confidential
Signature
Presiding Juror

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Pursuant to Rules 54(a) and 58(b)(2)(A) of the Federal Rules of Civil Procedure,
IT IS HEREBY ORDERED, ADJUDGED and DECREED that judgment on the merits
be entered in favor of Defendants CITY OF LOS ANGELES and OFFICER FRANK
HERNANDEZ, and against Plaintiffs ESTATE OF MANUEL JAMINEZ CHUM,
ISABEL MARROQUIN TAMBRIZ, M.E.J.M., J.J.M., and M.J.M., and that Plaintiffs
take nothing; and that Defendants CITY OF LOS ANGELES and OFFICER FRANK
HERNANDEZ be entitled to recover their costs from the Plaintiffs in accordance with
Local Rule 54.

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DATED: August 22, 2012

________________________________________
MICHAEL W. FITZGERALD
United States District Judge

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