B.B. v. County of Los Angeles

In this wrongful death action, a jury found Deputy David Aviles liable for intentional battery by use of excessive force and Deputy Paul Beserra liable for negligence resulting in Darren Burley's death. The jury awarded plaintiffs $8 million in noneconomic damages and the trial court entered judgment against Aviles for the full amount of the award based on the jury's finding that he intentionally harmed Burley.The Court of Appeal agreed with defendants that Civil Code section 1431.2 mandates allocation of the noneconomic damages award in proportion to each defendant's comparative fault, notwithstanding the jury's finding of intentional misconduct. Therefore, the court directed the trial court to vacate the judgment and enter separate judgments for each of Deputies Beserra and Aviles, holding them liable for the noneconomic damages award in an amount proportionate to the jury's comparative fault determinations. The court also held that the summary adjudication order must be reversed because plaintiffs presented sufficient evidence to raise a triable issue as to whether the deputies acted intentionally in interfering with Burley's right to be free from unreasonable seizures. View "B.B. v. County of Los Angeles" on Justia Law