Attorneys Win $1 Million for Bystander Injured in Police Chase
It was a difficult strategy that required the attorneys to cross a high threshold and prove the police action was so heinous it “shocks the conscience.”
October 16, 2017 at 04:30 PM
12 minute read
Left to right: Carolina Corona, Ricardo M. Corona, Ricardo R. Corona and Nina Tarafa. |
It seemed like a leap: holding a city liable for a civil rights violation after a man fleeing from police crashed his car into another motorist. The city, after all, at first glance seemed to have nothing to do with the accident.
But that's what the plaintiffs attorneys from Corona Law Firm argued in a cause of action under the U.S. Constitution, relying on legal precedent that gives bystanders grounds to sue if police actions cause injuries.
It was a difficult tactic that required the attorneys to cross a high threshold to defeat safeguards that protect on-duty law enforcement officers from most litigation and prove the police action was so heinous it “shocks the conscience.”
In the end, the Fort Lauderdale lawyers persuaded a federal jury to award $1 million to the man left “barely clinging to life” inside a small pickup truck smashed so violently its rear axle flew 20 feet into a tree.
“It looked like scrap metal,” Ricardo M. Corona said of his client's vehicle. “It didn't look like a truck at all.”
The Corona Firm represented 58-year-old construction foreman Juan L. Perez, who was injured in an early-morning crash just outside the Sweetwater city limits in January 2012. Attorneys Ricardo R. Corona, Carolina Corona, Ricardo M. Corona and Nina Tarafa also brought a claim for loss of consortium for Perez's wife, Maria A. Posada.
Perez was on his way to work at about 5:30 a.m. when he drove past what looked like a routine traffic stop involving a Mercedes-Benz near Southwest Eighth Street and 109th Avenue. He kept going but didn't leave it behind.
Felipe Torrealba, who had been stopped by police, fled, prompting police to fire dozens of shots into the escaping vehicle.
Perez's attorneys claimed police illegally detained Torrealba and harassed him for more than 20 minutes. They cited Torrealba's account of police ordering him and his passenger out of the car, asking them to put their hands on the vehicle, searching them and posing questions about Torrealba's ability to afford the $100,000 Mercedes. They say Torrealba was the subject of an arrest warrant, but police didn't know it at the time.
As officers pressed for details, Torrealba jumped into the Mercedes and attempted to flee. Police fired 24 rounds at him, hitting the car with 10 bullets — one of which struck Torrealba in the head, ricocheted on a bone and exited through his ear.
“Not only do they shoot at him, the other officer — a third officer that was in his car — starts chasing him in a high-speed chase as he's driving away,” Ricardo R. Corona said. “You don't shoot into a moving vehicle.”
Perez's attorneys said the police officers at the scene violated Torrealba's civil rights and multiple department policies — causing a series of events that almost ended Perez's life.
“Opposing counsel argued there was no constitutional violation and that it wasn't the police's action that caused the injury but the man fleeing,” said Carolina Corona. “The jury did not buy that.”
The case was the latest allegation of wrongdoing against Sweetwater police and city officials, who have been accused of strong-arming vulnerable residents and illegally towing their vehicles through a company linked to former Mayor Manuel Maroño. At least three Sweetwater police officers have been arrested on racketeering and fraud charges. In 2014, U.S. District Judge William Zloch sentenced Maroño to 40 months in federal prison for accepting bribes.
“We had a great case against the corrupt city of Sweetwater,” Ricardo R. Corona Sr. said of Perez's claim. “It's very difficult to get to a verdict in those kinds of cases,” he said. “The majority are disposed through summary judgment without getting to a jury.”
After a trial before U.S. District Judge Cecilia Altonaga, jurors found Torrealba posed no immediate threat of serious physical harm to the police or others during the traffic stop.
Michael Ross Piper and Christopher J. Stearns Jr. of Johnson Anselmo Murdoch Burke Piper & Hochman in Fort Lauderdale represented Sweetwater. They declined to comment, citing a pending appeal.
Sweetwater Mayor Orlando Lopez said the city undertook a major overhaul in the wake of previous scandals, implementing new rules and regulations for the police department under Chief Placido Diaz.
“This incident occurred in 2012, two administrations ago,” Lopez wrote in a statement. “I can assure you that every police officer in our city has gone through every single piece of training from handguns, tasers, CPR and any other aspect of training that deals with law enforcement so that incidents like this one do not occur again in the city of Sweetwater.”
A related suit against the Sweetwater Police Department is pending from the same incident.
Case: Juan Perez v. City of Sweetwater
Case no.: 16-cv-24267
Description: Civil rights
Filing date: Dec. 22, 2015
Verdict date: Sept. 25, 2017
Judge: U.S. District Judge Cecilia Altonaga
Plaintiffs attorneys: Ricardo R. Corona, Carolina Corona, Ricardo M. Corona and Nina Tarafa, Corona Law Firm, Fort Lauderdale
Defense attorneys: Christopher J. Stearns Jr. and Michael Ross Piper, Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, Fort Lauderdale
Verdict amount: $1 million
Left to right: Carolina Corona, Ricardo M. Corona, Ricardo R. Corona and Nina Tarafa. |
It seemed like a leap: holding a city liable for a civil rights violation after a man fleeing from police crashed his car into another motorist. The city, after all, at first glance seemed to have nothing to do with the accident.
But that's what the plaintiffs attorneys from Corona Law Firm argued in a cause of action under the U.S. Constitution, relying on legal precedent that gives bystanders grounds to sue if police actions cause injuries.
It was a difficult tactic that required the attorneys to cross a high threshold to defeat safeguards that protect on-duty law enforcement officers from most litigation and prove the police action was so heinous it “shocks the conscience.”
In the end, the Fort Lauderdale lawyers persuaded a federal jury to award $1 million to the man left “barely clinging to life” inside a small pickup truck smashed so violently its rear axle flew 20 feet into a tree.
“It looked like scrap metal,” Ricardo M. Corona said of his client's vehicle. “It didn't look like a truck at all.”
The Corona Firm represented 58-year-old construction foreman Juan L. Perez, who was injured in an early-morning crash just outside the Sweetwater city limits in January 2012. Attorneys Ricardo R. Corona, Carolina Corona, Ricardo M. Corona and Nina Tarafa also brought a claim for loss of consortium for Perez's wife, Maria A. Posada.
Perez was on his way to work at about 5:30 a.m. when he drove past what looked like a routine traffic stop involving a Mercedes-Benz near Southwest Eighth Street and 109th Avenue. He kept going but didn't leave it behind.
Felipe Torrealba, who had been stopped by police, fled, prompting police to fire dozens of shots into the escaping vehicle.
Perez's attorneys claimed police illegally detained Torrealba and harassed him for more than 20 minutes. They cited Torrealba's account of police ordering him and his passenger out of the car, asking them to put their hands on the vehicle, searching them and posing questions about Torrealba's ability to afford the $100,000 Mercedes. They say Torrealba was the subject of an arrest warrant, but police didn't know it at the time.
As officers pressed for details, Torrealba jumped into the Mercedes and attempted to flee. Police fired 24 rounds at him, hitting the car with 10 bullets — one of which struck Torrealba in the head, ricocheted on a bone and exited through his ear.
“Not only do they shoot at him, the other officer — a third officer that was in his car — starts chasing him in a high-speed chase as he's driving away,” Ricardo R. Corona said. “You don't shoot into a moving vehicle.”
Perez's attorneys said the police officers at the scene violated Torrealba's civil rights and multiple department policies — causing a series of events that almost ended Perez's life.
“Opposing counsel argued there was no constitutional violation and that it wasn't the police's action that caused the injury but the man fleeing,” said Carolina Corona. “The jury did not buy that.”
The case was the latest allegation of wrongdoing against Sweetwater police and city officials, who have been accused of strong-arming vulnerable residents and illegally towing their vehicles through a company linked to former Mayor Manuel Maroño. At least three Sweetwater police officers have been arrested on racketeering and fraud charges. In 2014, U.S. District Judge William Zloch sentenced Maroño to 40 months in federal prison for accepting bribes.
“We had a great case against the corrupt city of Sweetwater,” Ricardo R. Corona Sr. said of Perez's claim. “It's very difficult to get to a verdict in those kinds of cases,” he said. “The majority are disposed through summary judgment without getting to a jury.”
After a trial before U.S. District Judge Cecilia Altonaga, jurors found Torrealba posed no immediate threat of serious physical harm to the police or others during the traffic stop.
Michael Ross Piper and Christopher J. Stearns Jr. of Johnson Anselmo Murdoch Burke Piper & Hochman in Fort Lauderdale represented Sweetwater. They declined to comment, citing a pending appeal.
Sweetwater Mayor Orlando Lopez said the city undertook a major overhaul in the wake of previous scandals, implementing new rules and regulations for the police department under Chief Placido Diaz.
“This incident occurred in 2012, two administrations ago,” Lopez wrote in a statement. “I can assure you that every police officer in our city has gone through every single piece of training from handguns, tasers, CPR and any other aspect of training that deals with law enforcement so that incidents like this one do not occur again in the city of Sweetwater.”
A related suit against the Sweetwater Police Department is pending from the same incident.
Case: Juan Perez v. City of Sweetwater
Case no.: 16-cv-24267
Description: Civil rights
Filing date: Dec. 22, 2015
Verdict date: Sept. 25, 2017
Judge: U.S. District Judge Cecilia Altonaga
Plaintiffs attorneys: Ricardo R. Corona, Carolina Corona, Ricardo M. Corona and Nina Tarafa, Corona Law Firm, Fort Lauderdale
Defense attorneys: Christopher J. Stearns Jr. and Michael Ross Piper, Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, Fort Lauderdale
Verdict amount: $1 million
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Disease-Causing Bacteria': Colgate and Tom’s of Maine Face Toothpaste Class Action
3 minute readFlorida-Based Law Firms Start to Lag, As New York Takes a Bigger Piece of Deals
3 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250