Case Background
The legal dispute arose from a traffic incident that occurred on August 22, 2020, in the City of Chino, located within San Bernardino County, California. Los Angeles Police Department Detective Alex Anthony Pozo drove a 2005 Honda CR-V that belonged to the City of Los Angeles. At the same time, James Thomas Simpson walked as a pedestrian on a nearby sidewalk. The event triggered a multi-year legal battle against the public entities and their employee.
Cause
The incident occurred because Detective Pozo failed to stop for a red traffic light while driving the city-owned vehicle. His failure to yield violated California Vehicle Code Section 21453(a). This traffic violation forced a third-party driver to lose control of their vehicle. The out-of-control vehicle subsequently collided with James Thomas Simpson as he stood on the sidewalk. Plaintiffs alleged that Detective Pozo operated the vehicle within the course and scope of his employment for the city, which established public liability for the crash.
Injury
The impact caused severe bodily harm and psychological trauma to James Thomas Simpson. He sustained injuries to his mind and body, a shock to his nervous system, and great physical, mental, and nervous pain and suffering. The physical injuries diminished his quality of life and reduced his overall capacity to work. Furthermore, the injuries deprived his wife, Maria Luz Simpson, of spousal companionship, love, comfort, and society, which led to a loss of consortium claim.
Damages Sought
The Plaintiffs filed suit seeking compensation for several categories of losses. They demanded economic damages to cover past and future medical treatments, examination expenses, and incidental healthcare costs. They also sought compensation for lost earnings and the reduction of James Simpson's lifetime earning capacity. Additionally, the complaint requested non-economic damages for pain, suffering, and loss of spousal consortium, alongside Court costs and legal interest.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): James Thomas Simpson | Maria Luz Simpson
· Counsel for Plaintiff(s): Garo Mardirossian | Armen Akaragian
Defendant(s): City of Los Angeles | Los Angeles Police Department | Alex Anthony Pozo
· Counsel for Defendant(s): Michael N. Feuer | Kathleen A. | Scott Marcus | Dikran H. Sassounian | David L. Weisberg
Key Arguments or Remarks by Counsel
The Plaintiffs initially submitted formal administrative damages claims to the City of Los Angeles and its employees on February 18, 2021. The Los Angeles City Attorney's Office emailed the Plaintiffs' legal team on March 24, 2021, stating that its internal investigation remained pending. The city eventually allowed the statutory review period to lapse without officially accepting or rejecting the claims. Because the timeline expired, the claims were deemed rejected by operation of law under California Government Code Section 912.4, which cleared the way for active litigation. Plaintiffs filed their formal complaint on July 27, 2021.
Claims Against the Public Entities
The Plaintiffs brought their primary cause of action under California Government Code Section 815.2 and California Vehicle Code Section 17001. They asserted that the City of Los Angeles and the Los Angeles Police Department bore direct liability for the negligent omissions and acts of their employee. The Plaintiffs argued that Detective Pozo breached his legal duty of care to pedestrians by running the red light, making him and his employers responsible for the subsequent chain-reaction crash.
Claims Against Fictitious Defendants
The Plaintiffs included placeholder claims against twenty unidentified individuals designated as Does 1 through 20. They asserted that Does 1 through 10 acted as responsible agents or employers within the city network. They alleged that Does 11 through 20 operated other vehicles during the incident and negligently managed their vehicles, thereby contributing to the collision with the pedestrian or a traffic signal pole.
Defense
Deputy City Attorney David L. Weisberg filed an official answer on behalf of Detective Alex Pozo on October 25, 2021. The defense issued a general denial of every allegation in the Plaintiffs' unverified complaint under Section 431.30 of the California Code of Civil Procedure. The defense also raised multiple affirmative defenses to bar or reduce potential recovery.
Negligence and Fault Defenses
The defense argued that James Simpson's own negligence proximately caused or contributed to his injuries, which meant any damages should be reduced under comparative fault principles. They also stated that the negligence of third-party individuals caused the injuries, shielding the detective from sole blame. Additionally, the defense claimed that the Plaintiff had actual knowledge of the risks involved and voluntarily assumed them.
Statutory and Immunity Defenses
The city asserted that the claims were barred because the Plaintiffs failed to comply with the timing restrictions of California Code of Civil Procedure Section 342 and Government Code Section 945.6. They argued that the Plaintiffs failed to meet the strict provisions of the California Tort Claims Act under Government Code Section 910. Finally, the defense claimed statutory immunity from civil liability by citing California Government Code Sections 815.2, 820.2, 820.8, 850, 850.2, and 850.4, Civil Code Sections 3333.3 and 3333.4, and Vehicle Code Section 17004.7.
Settlement
The parties avoided a jury trial by resolving the matter through a conditional settlement. Attorney Armen Akaragian filed the official Notice of Settlement of Entire Case on April 18, 2024, which halted the upcoming trial scheduled for June 11, 2024, and the final status conference set for May 29, 2024. The filed notice indicated that the settlement terms conditioned the final dismissal of the lawsuit on the satisfactory completion of specific agreements. Because these agreed-upon terms required more than 45 days to fulfill, the Plaintiffs scheduled the final request for dismissal to be filed no later than September 30, 2025. Ma. Lourdes V. Malam completed electronic service of the settlement notice to Deputy City Attorney David L. Weisberg on the day of filing.
Court documents are available upon request at [email protected]
