Young Man Shot By Police

Young man shot by police was awarded $475,000 with a substantial reduction of medical lien:

Our client, who had outstanding warrants against him, possessed a small amount of contraband in the car he was driving, had recently used heroin, and was being followed by the police, refused to stop, and was pursued. He lost control of the car and smashed into a telephone pole. He then opened the car door, heard someone say "stop" or "freeze" and started to run away. A Medford police officer fired a single gunshot, which struck the plaintiff in his lower back. The officer had shot at least one other civilian in the past, also allegedly in the line of duty.

A witness observed the incident and intended to support the police officer's story; however, her version of events instead supported our client's in several respects. The witness never saw the plaintiff touch or threaten any police officer after he got out of the car. Even from a distance, she could see that the plaintiff was dazed, had no weapon and was running away from the shooter at the time of the firing. The officer claimed he drew his weapon appropriately, but he could not recall actually firing it. He suggested that the gun may have discharged by accident. Denner Pellegrino Attorneys Jeffrey Denner and Robert Sinsheimer produced testimony that the trigger-pull required eight to nine pounds of pressure. The bullet had shattered our client’s kidney and severed his aorta. During his stay in the medical system he was able to overcome his drug habit.

Result:A settlement of $475,000.00 with a substantial reduction of the medical lien.

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