Estate of Angela Slack, et al v. City of Los Angeles, et al

Filing 104

JUDGMENT by Judge Beverly Reid O'Connell. IT IS HEREBY ORDERED, DECREED and ADJUDGED that Judgment on the merits be entered in favor of Defendant CITY OF LOS ANGELES against Plaintiffs VIRGINIA WHEELER and JONATHON GOETZ, and that Plaintiffs take nothing; and that Defendant CITY OF LOS ANGELES, as the prevailing party, shall be entitled to recover their costs reasonably incurred in defense of this action per the cost bill, which is to be filed separately. (MD JS-6, Case Terminated). (jp)

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JS-6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 ) Case No. CV16-03289 BRO (PJWx) VIRGINIA WHEELER, an Individual; ) and JONATHON GOETZ, an Individual, ) Hon Beverly Reid O’Connell – Courtroom 7C ) Hon. Mag. Patrick J. Walsh, Courtroom 790 ) Plaintiffs, ) ) vs. ) JUDGMENT ) CITY OF LOS ANGELES, and DOES 1- ) ) 100, inclusive. ) Trial Date: August 22, 2017 ) ) Defendants. ) ) 19 On August 22, 2017, the foregoing matter was called for trial in Courtroom 7C of 20 21 the United States District Court, Central District of California, the Honorable Beverly 22 Reid O’Connell presiding. The parties answered ready for Trial. On August 22, 2017, a 23 panel of jurors were called and sworn. On August 29, 2017, after closing arguments, the case was submitted to the jury 24 25 for deliberation. On August 30, 2017, the jury returned a verdict as follows: 26 /// 27 /// 28 1 1 WE, THE JURY, in the above-entitled action, find the following Special Verdict 2 on the following questions submitted to us: 3 QUESTION NO. 1: 4 5 As to the Fourteenth Amendment Failure to Protect Claim, did Defendant fail to protect Plaintiff decedent Angela Slack as described in this Court’s jury instructions? 6 7 Answer: Yes _____ No X 8 9 10 11 QUESTION NO. 2: Was the Failure to Protect identified in Question No. 1 a moving force that caused the ultimate injury or harm to Plaintiff decedent Angela Slack? 12 13 Answer: Yes _____ No X 14 15 16 17 18 19 QUESTION NO. 3: As to the Fourteenth Amendment Failure to Provide Medical Care Claim, did Defendant fail to provide medical care to Plaintiff decedent Angela Slack as described in this Court’s jury instructions? Answer: Yes _____ No X 20 21 22 23 QUESTION NO. 4: Was the Failure to Provide Medical Care identified in Question No. 3 a moving force that caused the ultimate injury or harm to Plaintiff decedent Angela Slack? 24 25 26 27 28 Answer: Yes _____ No X If you answered yes, to questions 1 and 2 or 3 and 4, please proceed to question 5. If you did not answer yes to questions 1 and 2 or 3 and 4, please sign and date the verdict form and notify the bailiff. 2 1 QUESTION NO. 5: 2 As to the Municipal Liability Claim for an Unconstitutional Custom, Policy or 3 Practice, do you find that Plaintiffs proved this claim as described in this Court’s jury 4 instructions? 5 6 Answer: 7 QUESTION NO. 6: 8 9 10 Yes _____ No _____ Was the Unconstitutional Custom, Policy or Practice identified in Question No. 5 a moving force that caused the ultimate injury or harm to Plaintiff decedent Angela Slack? 11 12 Answer: Yes _____ No _____ 13 14 15 16 17 QUESTION NO. 7: If you had any “Yes” answers to Question Nos. 2, 4 and/or 6, please answer the following question. What are Plaintiff Decedent Angela Slack’s damages? 18 Past medical expenses: $_______________ 19 Past pain and suffering: $_______________ 20 Total: $_______________ 21 22 23 Dated: August 30, 2017 Redacted Verdict Form As To Foreperson Signature FOREPERSON 24 25 26 27 28 3 1 Therefore, IT IS HEREBY ORDERED, DECREED and ADJUDGED that 2 Judgment on the merits be entered in favor of Defendant CITY OF LOS ANGELES 3 against Plaintiffs VIRGINIA WHEELER and JONATHON GOETZ, and that Plaintiffs 4 take nothing; and that Defendant CITY OF LOS ANGELES, as the prevailing party, 5 shall be entitled to recover their costs reasonably incurred in defense of this action per 6 the cost bill, which is to be filed separately. 7 8 9 10 11 IT IS SO ORDERED. DATED: September 14, 2017 ___________________________ HON. BEVERLY REID O’CONNELL United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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