Paraplegia

CIVIL RIGHTS

Balandin v. Eagle, U.S. Dist. Ct., D. Minn., No. 01-CV-790 (JEL/JGL), Feb. 19, 2003.

Balandin, 17, was at a party where he was taking the drug LSD. Feeling ill and confused from the drug, Balandin went outside, removing all his clothing under the belief that the cold weather would help sober him. When he did not feel better, Balandin approached a municipal police car, allegedly to ask for assistance. Due to the influence of the drug, Balandin was very unsteady on his feet and attempted to speak to the officer in Balandin's native Russian. An altercation ensued, and when Balandin fled, the police officer fired three shots at him. Two of the shots struck him, one in the back and one in his upper left leg.

Balandin suffered a spinal fracture at T8, rendering him paraplegic. he now suffers from a neurogenic bowel and bladder as a result of the incident. His medical expenses totaled approximately $300,000, and his future medical expenses are estimated at $3.34 million. Balandin, who had been a student and department store clerk, has been unable to return to school or work since the incident. His past lost income totals about $1,400, and his projected future lost income is approximately $1.06 million.

Balandin sued the officer individually and the city, alleging that the officer used undue force in violation of the Fourth Amendment and the Civil Rights Act of 1964, 42 U.S.C. [sec] 1983. Defendants claimed plaintiff was shot in a struggle for die officer's weapon. The trial court dismissed the suit against the city.

The parties settled before trial for $3.05 million. The city indemnified the police officer. The city's insurance trust will pay $3 million of the award and the city will pay $50,000.

Plaintiff's experts were Lou Reiter, police procedures, Greenville, R.I.; Daniel Davis, forensic pathology/animation, Edina, Minn.; Linda Graham, health care costs, Roseville, Minn.; and Phillip Haber, rehabilitation/future earning capacity, Minneapolis, Minn.

Defendants' experts included Richard Kingston, toxicology, St. Paul, Minn.; Richard VanWagner, employability, Edina, Minn.; Margie Rehm, health care costs, Dousman, Wis.; William Micklus, police procedures, Burnsville, Minn.; and William Lewinski, police procedures, Mankato, Minn.

Plaintiff's Counsel

* Robert Bennett, Minneapolis, Minn.

Eric Hageman, Minneapolis, Minn.

Copyright Association of Trial Lawyers of America Nov 2003
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