Assault Battery

How Can Assault and Battery Incidents be Valid Personal Injury Cases?

- Paul Zuckerman

Most of us immediately think of car accidents or slip and fall accidents as being handled by personal injury lawyers. However, the scope is much broader.

Just last year, the Los Angeles personal injury law firm of Carpenter, Zuckerman & Rowley obtained a $6,897,000 re-trial verdict for a Long Beach bar fight case in which the plaintiff only incurred $22,829 in past medical expenses. After being punched in the head by a security guard at the bar, the man represented by the firm endured a hematoma, loss of some tissue in the frontal lobe of his brain, and neuron loss on the right side of his brain. Entering his senior year at Berkeley College with a football scholarship, the plaintiff was declared medically illegible to play contact sports and did not return to the football field. Furthermore, the plaintiff suffered cognitive problems that prevented him from completing his college degree.

Assault and battery are considered intentional torts in which personal injuries are inflicted on one individual by another on purpose. A personal injury lawsuit for a victim of assault and/or battery makes it possible for them to obtain compensation for the intentional injuries they have suffered.

Brian Stow, a San Francisco Giants fan, was severely beaten at Dodger Stadium on Opening Day and was only taken off a ventilator to breathe on his own in late July due to the reduced swelling in his brain. According to reports, doctors have performed a lumbar drain on Stow to help lessen the excessive amount of fluid in his brain. The expenses for Stow’s medical care and treatment are staggering, and they will only increase.

So who is legally responsible for assault and battery? If only the answer were so simple. Individuals who are directly responsible for an assault and/or battery are not always caught. This leaves victims and their families not only with the grief of knowing their assailant is on the loose, but also with greater challenges in obtaining compensation for damages associated with their injuries. Depending on the circumstances of a particular assault or battery case, however, the owners of the property where the attack took place could be held liable.

Los Angeles assault and battery lawyers like the ones at Carpenter, Zuckerman & Rowley have the tenacity to conduct thorough investigations so that parties responsible for a victim’s injuries are held accountable. To learn how Carpenter, Zuckerman & Rowley may be able to help, call 213-514-8332 for a free consultation.

Holiday Season Brings Increased Drunk Driving, Police Crackdown

- Paul Zuckerman

An unfortunate side effect of the winter holiday season is that drunk driving increases greatly on roads throughout California and across the nation. Holiday parties and various festive activities involving alcohol create a greater chance that partygoers will hit the roads while drunk. In response, the Driver Sober or Get Pulled Over campaign is having police throughout southern California increase their driving under the influence (DUI) patrols and checkpoints.
drunk driving 300x199 Holiday Season Brings Increased Drunk Driving, Police Crackdown

The California Office of Traffic Safety (OTS) is partnering with law enforcement agencies for sobriety checkpoints, 35 DUI Task Force Strike Teams, DUI saturation patrols throughout cities, and probation/warrant sweeps targeting the repeat offenders. Additionally, multi-media anti-drunk driving campaigns will begin on December 14 using social media, freeway message signs, and in-person events at Los Angeles, San Diego, San Francisco, and Sacramento.

Governors Highway Safety Association Chairman Kendell Poole stated, “Too often there’s an incorrect assumption that the drunk driving problem is solved. That couldn’t be further from the truth, as we continue to lose our friends and neighbors due to drivers drinking too much and getting behind the wheel.”

Unfortunately, even with increased police patrols, drunk driving accidents are bound to increase throughout the holiday season. Often in these crashes, those who have chosen to drive safely are the ones who suffer the worst losses. Be continually aware of potential drunk drivers around you, whether you are driving or walking, to keep yourself and loved ones as safe as possible this holiday season.

At Carpenter, Zuckerman & Rowley, a Beverley Hills drunk driving victim lawyer can aid you in the search for compensation and the road to recovery if you or a loved one has been injured by an intoxicated driver. To learn more about how we may be able to aid you in your case, call 213-514-8332.

Fullerton Police Officers Charged with Violent Beating Death of Homeless Man

- Paul Zuckerman

What began as a response to reports that an alleged homeless person was looking into cars and rattling door handles at a transit area in Fullerton ended in the violent death of a man who suffered from schizophrenia. After encountering the suspect and determining that he was being difficult and not complying, two police officers used physical force that turned deadly.

According to a Huffington Post article, one of the officers reportedly put on gloves and threatened to punch the man by placing two fists in front of him, topping it off with a verbal threat. The beating of the homeless man lasted approximately 10 minutes, with the officers pinning him so hard to the ground he had difficulty breathing. Prosecutors claimed that the man was shocked with a Taser four times, kneed in the head, punched in the ribs and hit eight times with the butt of a stun gun.

The cause of death was identified as mechanical compression of the thorax, which prevented the man from breathing normally and caused oxygen deprivation of the brain. Injuries to the man’s face and head also contributed to his death.

One officer has been charged with second-degree murder and involuntary manslaughter while the other has been charged with involuntary manslaughter and excessive force.

It is shocking when violent incidents like this take the life of person. Citizens expect law enforcement to protect and serve, not carry out unnecessary and fatal acts of violence. A victim of battery can suffer a wide range of injuries such as brain injury, head trauma and spinal cord injury. A southern California battery victim lawyer protects the rights of a person who has been injured due to physical force so that he or she can hold the attacker legally responsible. At Carpenter, Zuckerman & Rowley, we are dedicated to providing our clients with their fair shot at justice. For more information about how our personal injury attorneys can help you, call 213-514-8332. Our unwavering commitment to our clients leads to successful case results.

Lawsuit Accuses Los Angeles County Sheriff’s Department and Vernon Police of Excessive Force by Hogtying

- Paul Zuckerman

At the center of many lawsuits, hogtying, a highly controversial restraint practice also referred to as appendage restraint procedure, was banned in the late 1990s. However, law enforcement officers throughout Los Angeles are permitted to tie a suspect’s feet to detain him or her under certain circumstances.

A recent Los Angeles Times article reports that the mother of a man who is in a “minimally conscious” state has filed a lawsuit against the Los Angeles County Sheriff’s Department and Vernon police, alleging that their combative arrest is to blame for her son’s condition. The arrest took place in 2008 and the man continues to reside at a rehabilitation center since he cannot speak or move, but can only open his eyes. The man’s mother wishes to obtain $1 million for medical care costs in addition to future medical costs of $731,393 a year, as well as other damages.

The events of the man’s arrest began when he climbed on top of a van and broke its windshield, ignored orders from police, and headed towards the officers as he punched the air. A stun gun was used on the man several times, once after he was on the ground. It is being argued that the officers then handcuffed the man, hobbled his legs, and after he continued to try and move his body, clipped his hobbled legs to his cuffed hands behind his back. It was at this point in the man’s restraint that he stopped breathing and experienced cardiac arrest. His heart was revived by paramedics but he was never able to fully recover consciousness.

In asserting that they were dealing with an “irrational, combative suspect” who was not following orders and may have posed a danger to bystanders, the officers are being accused of violating department policy by hogtying the man after he’d been shot with a stun gun, leaving him on his stomach, and failing to watch his breathing. One deputy is being accused of further restricting the man’s breathing by placing his complete weight on his back while he was handcuffed.

At Carpenter, Zuckerman & Rowley, our Los Angeles assault victim attorneys have the legal experience and skills necessary to successfully handle police brutality and excessive force injury and fatality cases. Committed to protecting the rights of our clients, we work tirelessly to obtain full and just compensation from negligent parties. For more information about how we can help, call 213-514-8332 today for a free consultation.