MUNOZ v. CITY OF UNION CITY

No. A120987.

173 Cal.App.4th 199 (2009)

___ Cal.Rptr.3d ___

YVETTE MUNOZ et al., Plaintiffs and Respondents, v. CITY OF UNION CITY et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Two.

April 22, 2009.


Attorney(s) appearing for the Case

Murphy, Campbell, Guthrie & Alliston, George Edson Murphy, Suzanne M. Nicholson; Ferguson, Praet & Sherman and Bruce D. Praet for Defendants and Appellants.

Law Office of Daniel U. Smith, Daniel U. Smith; Gwilliam, Ivary, Chiosso & Brewer and Steven R. Cavalli for Plaintiffs and Respondents.


OPINION

KLINE, P. J.

This is the third appeal in a case arising from the death of Lucilla Amaya in an incident with the Union City police. A jury found the City of Union City and Officer Tod Woodward liable for negligence and battery, and apportioned the negligence 45 percent to the city, 50 percent to the officer and 5 percent to Lucilla. This court upheld the finding of liability against Woodward for unreasonable use of force and against...

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