EDWARD LAWSON Home Page | Directory |
Dr. Angelo E. Gousse
February 29, 2004
LOS ANGELESJudge Tosses Out $33-Million Verdict
By Jean Guccione, Times Staff WriterA Los Angeles County judge threw out a $33-million jury verdict against the Los Angeles Police Department and Budget Rent A Car on Friday, calling the monetary damage award "utterly shocking and wholly irrational."
Superior Court Judge Elizabeth A. Grimes upheld the jury's November finding that LAPD officers were negligent when they handcuffed a Miami surgeon, injuring his wrist, after stopping him in what they believed was a stolen car.
Budget admitted at the trial that it was responsible for putting the wrong license plate on the vehicle that Dr. Angelo E. Gousse rented in Los Angeles in 2001, causing the confusion that led to the police stop. But Grimes, in a four-page ruling, granted a new trial on what she called the "excessive damages" the jury awarded to Gousse and his wife.
"The jury awards for Dr. Gousse and for Mrs. Gousse are so staggeringly disproportionate to the injuries suffered that the results shock the conscience," she wrote. The jury gave Gousse $31 million for past and future medical expenses, lost earning capacity, physical pain and mental suffering, and added $2 million for his wife's loss of consortium.
At the time, Gousse said he hoped the police would use the verdict, one of the largest negligence awards ever against the LAPD, to revisit safety measures during traffic stops.
Gousse also contended that permanent nerve damage to his wrist hindered his ability to perform the delicate surgeries he had trained for.
But the judge ruled there was no credible evidence that Gousse, an associate professor of clinical urology at the University of Miami School of Medicine,"had actual plans to enter private practice that were dashed and forever destroyed by this incident."
Grimes said although Gousse has suffered pain, the evidence showed he has "remained a respected urologist with a successful and lucrative career in a highly specialized field."
While representatives of the city and car rental agency praised the ruling, Gousse's attorney, Browne Greene, said his client was "crushed" by the judge's action.
"He can't believe it," said Greene, who added that no decision has been made on an appeal.
All sides are in settlement talks.
After the monthlong trial, the jury ordered the
LAPD to pay $14.2 million and
Budget to pay the remaining $18.8 million
Posted on Sat, Feb. 28, 2004MIRAMAR
$33-million jury award to doctor tossed
The jury's negligence verdict will stand, but awarding $33 million to a Miramar doctor for his treatment by the Los Angeles Police Department is ridiculous, an L.A. judge says.
From Herald Staff and Wire Services
A California judge Friday threw out a $33-million jury award to a 40-year-old Miramar urologist who claimed he was permanently injured when Los Angeles police stopped him and mistakenly arresed him for car theft.
The damages awarded to Dr. Angelo E. Gousse, and the $2 million granted to his wife, are ''so staggeringly disproportionate to the injuries suffered that the results shock the conscience,'' Los Angeles Superior Court Judge Elizabeth A. Grimes said.
She ordered a new trial for damages but allowed the jury's negligence verdict against the Los Angeles Police Department and Budget Rent-A-Car to stand, said Eric Moses, director of communications for the Los Angeles city attorney's office.
Browne Greene, attorney for the Haitian-born doctor, said he was disappointed by the decision and may appeal it. But, Greene said, he also is ready to retry the case.
''As lawyers and people we are taught to believe in the jury trial system,'' Greene said. ``I wonder what the jury will think when a judge comes in and puts her views over their decision. It's highly questionable.''
Gousse specializes in female urological reproductive surgery and is on the faculty at the University of Miami School of Medicine.
His lawsuit claimed that while visiting Los Angeles for a medical conference in February 2001, he suffered permanent nerve damage to his wrist and shoulder when he was handcuffed and forced to lie on the pavement while police investigated a stolen car report.
Gousse contended his injuries prevent him from performing the specialty surgery he once did. ''We believe the officers acted appropriately,'' Moses said. ``We disputed the severity of the injuries in making our case.''
Gousse's lawyer had argued that his client, a Haitian immigrant, was a victim of racial profiling and was stopped for ''driving while black.'' Moses said Gousse was stopped because he had been driving 35 mph in a 65-mph zone on a freeway and showed signs of driving under the influence.
A subsequent computer check showed the license plates on the rental car he was driving were from a vehicle that was reported stolen, Moses said.
Greene accused the rental agency of negligence in allowing Gousse to exit the parking lot when the car's license plate did not match its computer records.
Gousse was arrested for investigation of car theft and taken to a police station but no charges were filed.
Last year, a jury assessed a $14.2 million award against the LAPD and $18.8 million against the rental car company.
Gousse's wife, Marie-May, was awarded $2 million for loss of consortium.
$33M verdict tossed in 'racial profiling' caseBy: North County Times wire services
LOS ANGELES - A judge today threw out a jury's $33 million damage award to a Miami surgeon who claimed he was a victim of racial profiling and suffered permanent injuries at the hands of Los Angeles police. In his lawsuit against the Los Angeles Police Department and Budget Rent-A- Car, Dr. Angelo E. Gousse alleged that LAPD officers trying to determine if his rented car was stolen roughed him up during the early hours of Feb. 11, 2001, because he is black.
The 40-year-old Haitian immigrant is a urological reconstructive surgeon on the faculty at the University of Miami School of Medicine. He claimed he sustained nerve damage in his wrists from handcuffs police used on him, and can no longer perform the types of surgery he did before.
Los Angeles Superior Court Judge Elizabeth A. Grimes ordered a new trial on damages, but allowed the verdict in the case to stand, according to Eric Moses of the City Attorney's Office. Grimes wrote that "the jury awards for Dr. Gousse and Mrs. Gousse are so staggeringly disproportionate to the injuries suffered that the results shock the conscience."
City Attorney Rocky Delgadillo said his office was "pleased that Judge Grimes granted our motion. Our attorneys argued the police acted within their authority to pull over a rental car that had been reported stolen. After trial we believed the jury's determination of damages was excessive and the judge's ruling supports our assertion."
The eight-woman, four-man jury assessed a $14.2 million award against the LAPD and $18.8 million against the rental car company, Moses said. Gousse's wife, Marie-May, was awarded about $2 million of the judgment for loss of consortium. The jury did not find that race was a factor, although Gousse had contended he was a victim of racial profiling. Gousse attorney Browne Greene said his client was "crushed. He can't understand how the jury system could be violated."
But the lawyer said Gousse was willing to go through another trial, despite "going through the horror of living this again." Greene said he might appeal Grimes' ruling or retry the case, but said he told Gousse he was "happy to go to the ends of the Earth with him."
"I obviously totally disagree with (Grimes') ruling," Greene said. "It's not supported by the evidence. We had overwhelming evidence of the nature of the injuries." Gousse claimed he was in Los Angeles for a medical conference at UCLA when he was racially profiled by police, pulled over and forced to lie on the ground as officers investigated a report of a stolen car.
Police said they initially stopped Gousse because he appeared to be driving erratically on a freeway, and a computer check showed the license plates on the rental car he was driving were from a vehicle that was reported stolen.
Gousse said he rented the burgundy-colored Ford Taurus at Los Angeles International Airport and was driving on the Santa Monica (10) Freeway, near downtown, when police pulled him over at 2:18 a.m., handcuffed him and made him lie on the pavement.
Gousse said he was unaware that the car Budget gave him at its LAX branch bore the plates of another in its fleet, which was reported stolen. Budget allowed him to exit the lot even though the car's license plate did not match its computer records, he said.
During trial, Gousse's lawyer said his client was arrested for "driving while black," and said his client was treated unreasonably. He also argued that Budget was negligent and took no steps to ensure the car had the proper paperwork.
Police said Gousse was arrested on suspicion of car theft and taken to the Rampart station because officers thought remaining on the freeway to investigate was unsafe.
Deputy City Attorney Christian Bojorquez had asked jurors to look at the case from the point of view of police officers dealing with an apparently stolen car.
She argued "this case is not about 'Driving while black'
but about driving a (reportedly) stolen vehicle."
AP
Published Friday, February 27, 2004 LA judges throws out $33 millon award to Miami surgeonThe Associated Press LOS ANGELES A judge Friday threw out a $33 million jury award to a Miami surgeon who claimed he was permanently injured when police mistakenly stopped him for car theft. The damages awarded to Dr. Angelo E. Gousse, and the $2 million granted to his wife, are "so staggeringly disproportionate to the injuries suffered that the results shock the conscience," Superior Court Judge Elizabeth A. Grimes said. She ordered a new trial for damages but allowed the jury's negligence verdict against the Police Department and Budget Rent-A-Car to stand, said Eric Moses, a spokesman for the city attorney's office. Gousse's attorney, Browne Greene, said he was disappointed by the decision and may appeal it but also is ready to retry the case. "As lawyers and people we are taught to believe in the jury trial system," he said. "I wonder what the jury will think when a judge comes in and puts her views over their decision. It's highly questionable." Gousse, 40, specializes in female urological reproductive surgery and is on the faculty at the University of Miami School of Medicine. His lawsuit claimed that while visiting Los Angeles for a medical conference in February 2001, he suffered permanent nerve damage to his wrist and shoulder when he was handcuffed and forced to lie on the pavement while police investigated a stolen car report. Gousse contended that his injuries prevent him from performing the specialty surgery he once did. "We believe the officers acted appropriately," Moses said. "We disputed the severity of the injuries in making our case." Gousse's lawyer had argued that his client, a Haitian immigrant, was a victim of racial profiling and was stopped for "driving while black." Moses said Gousse was stopped because he had been driving well under the speed limit on a freeway and showed signs of driving under the influence of alcohol. A subsequent computer check showed the license plates on the rental car he was driving were from a vehicle that was reported stolen, Moses said. The rental car later turned out to bear the plates of another vehicle in the rental agency fleet that had been reported stolen. Greene accused the rental agency of negligence in allowing Gousse to exit the parking lot when the car's license plate did not match its computer records. Gousse was arrested for investigation of car theft and taken to a police station but no charges were filed. Last year, a jury assessed a $14.2 million award against the LAPD and $18.8 million against the rental car company. Gousse's wife, Marie-May was awarded $2 millon for loss of consortium.