B.B. v. County of Los Angeles

The Los Angeles County Sheriff’s Department, including deputies David Aviles and Paul Beserra (defendants), responded to a call that Darren Burley was actively assaulting a woman. The deputies forced Burley to the ground in a prone, facedown position, and Aviles knelt on Burley’s back and neck to restrain him. Beserra successfully restrained Burley’s arms. After Burley was handcuffed and hobbled, Beserra supervised Burley, who was left face down. Shortly after, Burley’s breathing became labored, and he went limp. Beserra did not perform CPR. When paramedics arrived, Burley had no pulse, he was still face down, and Beserra had his knee pressed into Burley’s back. Burley died shortly after without ever regaining consciousness. The autopsy report indicated Burley had suffered brain death caused by a lack of oxygen following cardiac arrest. B.B. (plaintiff), Burley’s estranged wife, filed a wrongful-death action against Los Angeles County, Aviles, and Beserra. The jury found Aviles had committed battery against Burley, an intentional tort, and found that Beserra had been negligent. The jury apportioned the fault for Burley’s injury as follows: 40 percent to Burley, 20 percent to Aviles, 20 percent to Beserra, and 20 percent to the other responding deputies. The jury awarded B.B. $8 million in noneconomic damages and ordered Aviles to pay the full amount. Aviles appealed, arguing that the jury had erred by failing to apportion liability for damages in accordance with the jury’s comparative-fault determination.