Honorable
Board of Supervisors
383 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, California 900l2
Re: Zenobia Cox, et al. v. County
of Los Angeles
Claim No. 121 742
Dear
Supervisors:
The
Claims Board recommends that:
1. The Board authorize settlement of the above-entitled
action in the amount of $1,100,000.00.
2. The Auditor-Controller be directed to draw a warrant to
implement this settlement from the Fire Department.
Enclosed
is the settlement request and a summary of the facts of the case.
The
Corrective Action Report, is being transmitted to you under separate cover by
the Fire Department.
Return
the executed, adopted copy to Frances Lunetta, Suite 648 Kenneth Hahn Hall of
Administration, Extension 4-1754.
Very
truly yours,
Barbara
N. Uyeda, Chairperson
BNU/fsl Los Angeles County Claims Board
Enclosure
M E M O R A N D U M
June 7, 2001
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TO: |
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THE
LOS ANGELES COUNTY CLAIMS BOARD |
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FROM: |
PETER
M. GLICK |
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Principal
Deputy County Counsel |
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General
Litigation Division |
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RE: |
Zenobia
Cox, et al. v. County of Los Angeles |
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Claim
No. 121742 |
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DATE
OF INCIDENT: |
September
5, 2000 |
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AUTHORITY
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$1,100,000 |
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COUNTY
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FIRE
DEPARTMENT |
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CLAIMS
BOARD ACTION: |
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Approve
Disapprove Recommend to Board of
Supervisors
for Approval
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Chief
Administrative Officer |
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BARBARA N. UYEDA |
County
Counsel |
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LLOYD W. PELLMAN |
Auditor-Controller |
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on |
MARIA
M. OMS |
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2001 |
SUMMARY
This
is a recommendation to settle for $1,100,000, the wrongful death claim brought
by Zenobia Cox, the wife of decedent Victor Cox, Sr., and his three minor
children, Victor Isaac Cox, Victoria Allisiana Cox, and Victor Cox, Jr.
Los
Angeles Fire Department Paramedics were called to a scene where Los Angeles
County Sheriff's Deputies had used the total appendage restraint procedures to
restrain Victor Cox, Sr. The family filed a claim with the County alleging that
the Deputies used excessive force in restraining Victor Cox, Sr. and the
Paramedics failed to administer proper medical treatment to him once it was
determined he was in respiratory distress which contributed to his death.
LEGAL PRINCIPLES
A
public entity is responsible for the negligent and wrongful acts of its
employees when the acts are committed in the course and scope of their duties.
Additionally, a public entity may be liable for a violation of federally
protected civil rights.
SUMMARY OF FACTS
In
the early evening of September 5, 2000, Zenobia Cox summoned the Sheriff's
Department to her home concerning a domestic dispute with her husband, Victor
Cox, Sr. When the Sheriff's Deputy arrived to investigate, he placed Victor
Cox, Sr. in the back seat of the patrol car so he could speak to Zenobia Cox.
After
speaking to Zenobia Cox, the Deputy returned to interview Victor Cox, Sr. who
was then observed to be sweating profusely, had a blank stare on his face, and
was talking incoherently. The Deputy formed the opinion that he was under the
influence of a controlled substance. When the Deputy opened the patrol car door
and asked Victor Cox, Sr. to get out and put his hands behind his back, he
refused. The Deputy then called a field Sergeant to the scene for assistance.
The
Deputy, along with assisting Deputies who had just arrived, then tried to close
the car door to keep Victor Cox, Sr. detained until the field Sergeant arrived.
But Victor Cox, Sr. began pushing the door open to exit the vehicle. Victor
Cox, Sr. worked himself into a standing position between the door and the car
and was trying to strike the Deputies. The Deputies forced Victor Cox, Sr. to
the ground and along with other assisting Deputies who arrived, applied the
total appendage restraint procedures (T.A.R.P.) to Victor Cox, Sr. The T.A.R.P. links an arrestee's hands
and legs behind his back. Paramedics were summoned to assess his medical
condition and to treat several Deputies for minor injuries they received during
the struggle.
A
County Fire Department Engine Company and Paramedic Squad responded
immediately. When one of the paramedics knelt down to ask Victor Cox, Sr. some
questions in order to assess his medical condition, he responded with
profanities. The paramedic failed to provide any further assessment or
monitoring of Victor Cox, Sr. while he remained in full restraints waiting for
the ambulance to arrive.
A few
minutes later, the paramedic noticed that Victor Cox, Sr. was not breathing and
had gone into respiratory arrest. Instead of immediately using cardiopulmonary
resuscitation (CPR), the paramedics moved Victor Cox, Sr. to the ambulance
before CPR was initiated. Victor Cox, Sr. was transported to the hospital but
did not respond to treatment and was pronounced dead. The autopsy concluded
that Victor Cox, Sr. died from excited delirium and cocaine intoxication.
DAMAGES
If
this matter should proceed to litigation and trial, we estimate the potential
damages could be as follows:
Zenobia
Cox
Loss of care, comfort, and society $1,000,000
Loss of financial support $
750,000
Victor
Cox, Jr.
Loss of care, comfort, and society $
750,000
Victoria
Cox
Loss of care, comfort, and society $
750,000
Victor
Isaac Cox
Loss of care, comfort, and society $
750,000
Total
$4,000,000
STATUS OF CASE
The
matter is in the claims stage and the lawsuit has not yet been filed.
EVALUATION
This
is a case of probable liability. Although the cause of death was found to be
excited delirium and cocaine intoxication, a jury is likely to conclude that
the paramedic's failure to immediately provide Victor Cox, Sr. with emergency
medical treatment contributed to his death. A reasonable settlement at this
time will forestall exorbitant litigation costs and a potential award from a
sympathetic jury which, along with attorney's fees, could well exceed the proposed
settlement.
Therefore,
we believe that the best interests of the County would be served by settling
this matter in the amount of $1,100,000. The Fire Department has been advised
and concurs with this recommendation.
APPROVED:
LOUIS V. AGUILAR
Assistant County Counsel
RHG:
