L.A. Fire Department Settles Wrongful Death Suit for $250K

Case Background

In a profound legal action brought against the City of Los Angeles Fire Department, the family of a deceased man sought damages stemming from allegations of professional negligence and wrongful death. The lawsuit, filed in the Superior Court of California, Los Angeles County, in January 2021, centered on the emergency medical care provided by City personnel, which the Plaintiffs claimed ultimately resulted in their loved one's death.

Seven immediate family members Trina Greene Brown, Timneisha Greene Kim, Timothy Greene Jr., Jermia Greene, Laquiesha Greene Topper, Deneisha Greene Simpson, and Reshona Benjaimin brought the action, collectively seeking justice and compensation for the profound losses they suffered.

Cause

The core of the Plaintiffs' complaint charged that the City of Los Angeles Fire Department (LAFD) and two individual employees, Edgar Lagunas and Dale Ford, failed to exercise the required standard of care while treating the decedent. Specifically, the Plaintiffs alleged the Defendants were negligent because they did not possess or use the degree of skill, care, and learning ordinarily expected of qualified emergency medical technicians (EMTs) acting in similar situations. This failure to meet the professional standards of emergency medical services led directly to the decedent’s death.

Injury

The action was filed as a Complaint for Wrongful Death, establishing that the negligent medical treatment resulted in the patient's fatal injury. While the complaint did not specify the exact nature of the decedent's underlying medical issue, it firmly asserted that the failure of the Defendants to provide proper care proximately caused the death, an injury for which the family sought compensation.

Damages Sought

The Plaintiffs sought judgment against the Defendants for several categories of damages. They asked for general damages within the jurisdiction of the Superior Court and specifically claimed damages for the loss of comfort and society of their father. Additionally, the family requested compensation for medical and related expenses according to proof, costs of suit incurred, and loss of consortium and companionship. They pursued recovery for all losses incurred by the Plaintiffs due to the negligent actions of the LAFD's personnel.

Key Arguments and Proceedings

Legal Representation

Plaintiff(s): Trina Greene Brown | Timneisha Greene Kim | Timothy Greene Jr | Jermia Greene | Laquiesha Greene Topper | Deneisha Greene Simpson | Reshona Benjaimin.

·       Counsel for Plaintiff(s): Steven D. Hunt | Girardi John Albert

Defendant(s): City of Los Angeles Fire Department, a public entity (erroneously sued as City of Los Angeles Fire Department), Edgar Lagunas, an individual, Dale Ford, an individual, and Does 1-30, inclusive.

·       Counsel for Defendant(s): Scott Marcus | Anthony M. Miera | Karen Woodward | Michael Feuer

Key Arguments or Remarks by Counsel

Claims

The Plaintiffs’ claims focused on the professional responsibility of the emergency responders. The family argued the LAFD and the involved EMTs failed to exercise or possess the basic skill, care, and learning that an average, qualified emergency medical technician should command. The Plaintiffs contended that the Defendants’ negligent decisions and treatment omissions were directly responsible for the decedent’s deteriorating condition and subsequent death. The entire case revolved around the simple premise that the EMTs did not do their jobs correctly, and that error carried fatal consequences.

Defense

The defense, represented by the City Attorney’s office, adamantly denied all allegations of wrongdoing. The City of Los Angeles, answering on its own behalf and for the individual employees, asserted a general denial of the complaint's central allegations. Furthermore, the City raised over twenty affirmative defenses in its answer, seeking to avoid liability entirely.

Defense attorneys argued that the city, Lagunas, and Ford provided reasonable care under emergency circumstances. They contended that the decedent’s pre-existing medical conditions or other unforeseen factors caused or contributed to the death, absolving the EMTs of responsibility. The City claimed immunity from liability, arguing that the actions of its employees fell within the scope of public employee protections afforded under California law. The defense also pointed out that the decedent or other third parties had acted negligently, which reduced or eliminated the Defendants’ liability.

Settlement

Before the case reached a jury verdict, the parties engaged in negotiations and resolved the dispute through a settlement. The City of Los Angeles, after assessing the risks and potential exposure of a full trial, authorized a payment to the family. The settlement concluded the legal battle without a finding of liability by a jury. The settlement amount approved by the city and accepted by the seven Plaintiffs totaled $250,000. This agreement officially closed the case, providing compensation to the family for the loss of their father and ending the claims of negligence against the Los Angeles Fire Department and its employees.

Court documents are available upon request at jurimatic@exlitem.com