$ 6million verdict after man was run over by San Jose police car
San jose – A federal jury has returned a verdict of $ 6 million for a man who was run over by a San Jose police vehicle in 2018.
San Jose Police Body Camera video shows officers chasing Andy Martin Martin running. Agent Alexander Ribeiro drives and hits him.
You can hear Martin screaming in pain.
“The officer then literally knocked him over, knocked him over, felt the tire of his car knock him over,” said his lawyer Ben Nisenbaum.
Nisenbaum said that was not all.
“Then, as the officer gets out of his car, put him in reverse. And back up on him,” Nisenbaum said.
Officer Ribeiro told a colleague at the scene: “So I’m right behind him and he stops right in front of me and the front tire has caught his leg.”
On the body camera images, Martin shouts: “My leg hurts!
“Which leg hurts?” Ribeiro asks.
“Both!” Martin responds.
“Left or right?” asks the officer.
“My back hurts,” Martin added.
While moaning in pain, Martin asks for an explanation as to why he was run over.
“Nobody run over you, man,” the officer said.
Officers say they were responding to reports that Martin and his cousin threatened to use a weapon against security at a nearby restaurant.
Martin suffered multiple pelvic fractures and other fractures.
An Oakland federal jury awarded $ 6 million in damages, but said it was 40 percent responsible. The jury concluded that the officer accidentally knocked down Martin while trying to cut him.
“The jury did not find that the officer intentionally knocked down Mr. Martin, but the jury found that what the officer did was deeply irresponsible,” Nisenbaum said.
In a statement, San Jose City attorney Nora Frimann said: “Despite the allegations of civil rights violations and the excessive use of force by the officer that the plaintiff attempted to prove in this case, the jury did not find the plaintiff on these allegations.
“The applicant’s injuries occurred as a result of an unfortunate accident as the applicant fled the scene of an alleged assault. The officer who answered the call was in his vehicle following the applicant and a another man at a very slow speed on a siren activated trail.
“The accident occurred when the officer attempted to turn his vehicle in front of the Complainant to block the Complainant’s path with the vehicle. By his own admission, the Complainant was attempting to escape capture due to an arrest warrant for pending felony.
“The jury concluded that the plaintiff was responsible for 40% of the accident, which will significantly reduce the amount of the verdict by this percentage. Doctors who examined the complainant did not agree on the extent of his injuries and future treatment needs, but unfortunately he suffered several serious lower body fractures that required surgery. ”