J.J.D. et al v. City of Torrance et al

Filing 166

JUDGMENT by Judge Beverly Reid O'Connell. NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the final judgment in this action be entered as follows: On the claim for negligence: Judgment is entered in favor of Plaintiff J.J.D. in the net amount of $900,000.00. Defendants Sergeant James Rudolph and Officer Paul Wilkins and City of Torrance, jointly and severally, are liable for $900,000.00. Defendants Sergeant James Rudolph and Officer Paul Wilkins and City of Torrance are also liable for interest and costs as provided by law. The total amount awarded to Plaintiff J.J.D. by this Judgment is $900,000.00, plus interest and costs as provided by law.(MD JS-6, Case Terminated). (rfi)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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) CASE NO.: CV 14-07463-BROJ.J.D., a minor, individually and as
Successor in Interest to ASA JAMES ) MRW
DOLAK, deceased, by and through his )
Guardian Ad Litem, ANDREA SUSAN) JUDGMENT AFTER JURY TRIAL
)
DOLAK,
)
)
Plaintiff,
)
)
vs.
)
CITY OF TORRANCE, a municipal )
)
entity, SERGEANT JAMES
RUDOLPH, an individual, OFFICER )
)
PAUL WILKIINS, an individual,
)
OFFICER ERIC BERNIER, an
)
individual, OFFICER HECTOR
)
SALAS, an individual, and DOES 1
)
through 10, inclusive,
)
)
Defendants.
)
)
)
)

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This action came on regularly for trial on March 29, 2016, in Courtroom 14

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of this United States District Court. Plaintiff was J.J.D., by and through his

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Guardian Ad Litem, Andrea Dolak. Plaintiff is the minor son of Decedent Asa

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Dolak. Plaintiff was represented by Brian T. Dunn and Megan R. Gyongyos of

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The Cochran Firm California. Defendants City of Torrance, Sergeant James

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Rudolph, Officer Paul Wilkins, Officer Eric Bernier, and Officer Hector Salas

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were represented by Mildred O’Linn and Courtney Arbucci of Manning & Kass,

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Ellrod, Ramirez, Trestor LLP.

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A jury of eight persons was regularly empaneled and sworn. Witnesses were

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sworn and testified. After hearing the evidence and arguments of counsel, the jury

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was duly instructed by the Court and the case was submitted to the jury. The jury

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deliberated and thereafter returned a verdict as follows:

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42 U.S.C. § 1983 CLAIM

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QUESTION NO. 1: Has the plaintiff, J.J.D., proven by a preponderance of the

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evidence that any of the following defendants violated Asa Dolak’s Fourth

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Amendment Constitutional rights?

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Sergeant James Rudolph

YES_____NO X____

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Officer Paul Wilkins

YES_____NO X____

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Officer Eric Bernier

YES_____NO X____

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Officer Hector Salas

YES_____NO X____

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If you answered “Yes” to this question as to any of the defendants, proceed

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to Question No. 2. If you answered “No” to this question as to all of the

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defendants, proceed to Question No. 5.

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QUESTION NO. 2: Has the Plaintiff proven by a preponderance of the evidence

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that any of the following defendants’ conduct caused injury to Asa Dolak?

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Check “Yes” or “No” following the name of only the defendant(s) that you
answered “Yes” to in Question No. 1.

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Sergeant James Rudolph

YES_____NO_____

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Officer Paul Wilkins

YES_____NO_____

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Officer Eric Bernier

YES_____NO_____

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Officer Hector Salas

YES_____NO_____

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If you answered “Yes” to this question as to any of the defendants, proceed

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to Question No. 3. If you answered “No” to this question as to all of the

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defendants, proceed to Question No. 5.

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QUESTION NO. 3: What is the total amount of damages to Asa Dolak that you

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find the plaintiff has proven by a preponderance of the evidence.

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$_______________________

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Proceed to Question No. 4.

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QUESTION NO. 4: Has the plaintiff proven by a preponderance of the evidence

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that any of the following defendants acted with malice, oppression, or reckless

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disregard of Asa Dolak’s rights?

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Check “Yes” or “No” following the name of only the defendant(s) that you
answered “Yes” to in Question Nos. 1 AND 2.

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Sergeant James Rudolph

YES_____NO_____

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Officer Paul Wilkins

YES_____NO_____

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Officer Eric Bernier

YES_____NO_____

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Officer Hector Salas

YES_____NO_____

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Proceed to Question No. 5.

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NEGLIGENCE CLAIM

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QUESTION NO. 5: Has the plaintiff proven that any of the following defendants

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acted negligently?

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Sergeant James Rudolph

YES X____NO_____

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Officer Paul Wilkins

YES X____NO_____

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Officer Eric Bernier

YES _____NO_____

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Officer Hector Salas

YES _____NO X___

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If you answered “Yes” to this question as to any of the defendants, proceed

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to Question No. 6. If you answered “No” to this question as to all of the

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defendants, please skip the remaining questions.

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QUESTION NO. 6: Has the plaintiff proven that any of the following

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defendants’ negligence was a substantial factor in causing Asa Dolak’s death?

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Check “Yes” or “No” following the names of only the defendant(s) that you
answered “Yes” to in Question No. 5.

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Sergeant James Rudolph

YES X____NO_____

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Officer Paul Wilkins

YES X____NO_____

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Officer Eric Bernier

YES _____ NO_____

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Officer Hector Salas

YES______NO_____

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If you answered “Yes” to this question as to any of the defendants, proceed

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to Question No. 7. If you answered “No” to this question as to all of the

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defendants, please skip the remaining questions.

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QUESTION NO. 7: What are the plaintiff’s damages resulting from the death of

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Asa Dolak?

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Noneconomic Damages

$6 MILLION

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Proceed to Question No. 8.

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QUESTION NO. 8: Have the defendants proven that Asa Dolak was negligent?

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YES X____NO_____

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If you answered “Yes” to this question, proceed to Question No. 9. If you
answered “No” to this question, please skip the remaining questions.

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QUESTION NO. 9: Have the defendants proven that Asa Dolak’s negligence was

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a substantial factor in causing his death?

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YES X____NO_____

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If you answered “Yes” to this question, proceed to Question No. 10. If you
answered “No” to this question, please skip the remaining questions.

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QUESTION NO. 10: What percentage of responsibility for Asa Dolak’s harm do

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you assign to Asa Dolak?

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85%

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By the operation of law, judgment is entered against Defendant City of
Torrance consistent with the verdict on the claim for negligence.

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NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND
DECREED that the final judgment in this action be entered as follows:
1. On the claim for negligence: Judgment is entered in favor of Plaintiff

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J.J.D. in the amount of $900,000.00. Defendants Sergeant James

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Rudolph and Officer Paul Wilkins and City of Torrance, jointly and

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severally, are liable for $900,000.00. Defendants Sergeant James

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Rudolph and Officer Paul Wilkins and City of Torrance are also liable for

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interest and costs as provided by law.

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2. The total amount awarded to Plaintiff J.J.D. by this Judgment is
$900,000.00, plus interest and costs as provided by law.

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DATED: ______________
JUNE 29, 2016

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HON. BEVERLY REID O’CONNELL

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UNITED STATES DISTRICT JUDGE

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