Lawrence et al v. Las Vegas Metropolitan Police Department et al

Filing 196

ORDER Granting 195 Stipulation Regarding Judgment re 193 Jury Verdict. Signed by Judge Andrew P. Gordon on 7/31/2024. (Copies have been distributed pursuant to the NEF - RJDG)

1 Marquis Aurbach
Craig R. Anderson, Esq.
2 Nevada Bar No. 6882
Jackie V. Nichols, Esq.
3 Nevada Bar No. 14246
10001 Park Run Drive
4 Las Vegas, Nevada 89145
Telephone: [phone]
5 Facsimile: [phone]
[e-mail]
6 [e-mail]
Attorneys for Defendants LVMPD, Ofc. Bohanon, Ofc. Walford and Ofc. Ledogar
7
UNITED STATES DISTRICT COURT
8
DISTRICT OF NEVADA
9
K.C., a minor, by and through her guardian
Case Number:
10 Carolina Navarro; et. al,
2:16-cv-03039-APG-NJK

10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH

11
12

Plaintiffs,
STIPULATION REGARDING
JUDGMENT

vs.

13 LAS VEGAS METROPOLITAN POLICE
DEPARTMENT; et. al,
14
Defendants.
15
16

IT IS HEREBY STIPULATED by and between Defendants, through their attorneys

17 of record, Marquis Aurbach, and Plaintiffs, through their attorneys of record, Law Offices of
18 Dale K. Galipo and Law Office of Peter Goldstein, that:
19

1.

A jury trial in this matter occurred from June 17 to June 24, 2024.

20

2.

On June 24, 2024, the case was submitted to the Jury.

21

3.

On June 26, 2024, after two days of deliberations, the Jury returned with its

22 verdict.
23
24

4.

According to the Jury’s Verdict (ECF No. 193):
a.

The Jury found in favor of Defendants Robert Bohanon and Blake

25 Walford on Plaintiffs’ 42 U.S.C. §1983 excessive force and state law battery claims.
26

b.

The Jury found in favor of defendant James Ledogar on Plaintiffs’ 42

27 U.S.C. §1983 excessive force claim, state law battery claim, and state law negligence claim.
28
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1

c.

On the Plaintiffs’ state law negligence claim, the Jury allocated fault

2 amongst the parties for Keith Childress, Jr.’s injuries and/or death as follows:
3

Sergeant Robert Bohanon

15%

4

Officer Blake Walford

10%

5

Keith Childress, Jr.

75%

6

Total

100%

7

5.

Based on its negligence finding, the Jury awarded each of the three minor

8 children (Khylee, Atalaya, and Keilani) $50,000 for their grief or sorrow.
9

6.

NRS 41.141 is Nevada’s comparative fault statute. It states a “plaintiff may

10 not recover if the plaintiff’s comparative negligence or that of the plaintiff’s decedent is

10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH

11 greater than the negligence of the defendant or the combined negligence of multiple
12 defendants.” See NRS 41.141(2)(a).
13

7.

Based on NRS 41.141, the Parties stipulate and agree the Court must reduce

14 Khylee, Atalay, and Keilani’s individual awards in the amount of $50,000 to $0 and
15 judgment be entered accordingly.
16

IT IS SO STIPULATED this 31st day of July, 2024.

17 MARQUIS AURBACH

LAW OFFICES OF PETER GOLDSTEIN

18
By: s/Craig R. Anderson
Craig R. Anderson, Esq.
Nevada Bar No. 6882
20
10001 Park Run Drive
Las Vegas, Nevada 89145
21
Attorney for LVMPD Defendants
19

By:

s/Peter Goldstein
Peter Goldstein, Esq.
Nevada Bar No. 6992
10161 Park Run Drive, Ste. 150
Las Vegas, Nevada 89145
Attorney for Plaintiffs

22
LAW OFFICES OF DALE K. GALIPO

23

By:

24
25
26

IT IS SO ORDERED:
July 31, 2024
Dated:__________________

s/Dale K. Galipo
Dale K. Galipo, Esq. (SBN 144074)
21800 Burbank Blvd., Ste. 310
Woodland Hills, California 91367
Attorney for Plaintiffs

27
28

________________________
ANDREW P. GORDON
Page 2 of 2 UNITED STATES DISTRICT JUDGE
MAC:14687-037 5558120_2 7/31/2024 2:09 PM