Heroin Buy Turns Into Lawsuit Against New York City
On February 1, 2006, 26-year old Raoul Lopez was stopped by officers from the New York City Police Department (NYPD) while driving on the Grand Concourse in the Bronx. He had purchased two bags of heroin and was stopped by Officer Philippe Blanchard and Officer Zino Konstantinidis, who were patrolling in an unmarked vehicle. During Mr. Lopez’s confrontation with the officers, Officer Blanchard shot him in the back of his neck. Once he realized he had been shot, Mr. Lopez attempted to flee by driving over the median on the Grand Concourse. While doing so, his body slumped down and the vehicle collided with a planter on the median. In 2007, Mr. Lopez sued The City of New York.
The Lawsuit
During the jury trial, there were two very different versions of the incident described by Mr. Lopez and the NYPD officers. Mr. Lopez testified that after he was pulled over, both cops approached his car, Officer Blanchard on the driver side with his gun drawn, and Officer Konstantinidis on the passenger side. Officer Blanchard directed Mr. Lopez to stop his vehicle and raise his hands. He then pointed a gun at Mr. Lopez and demanded both bags of heroin. Mr. Lopez delivered one sack, but he dropped another. Officer Blanchard asked Mr. Lopez to pick it up, and at the same time, shot him. Mr. Lopez attempted to flee after becoming aware that he had been wounded, but he collided with a median and fainted.
Officer Blanchard and Konstantinidis testified that they noticed Mr. Lopez’s car skip a stop sign, and pulled him over. Officer Blanchard testified that he repeatedly shouted at Mr. Lopez to turn off his car and show his hands, which he eventually did but, later he restarted the car and attempted to run. In an attempt to stop Mr. Lopez from fleeing, Officer Konstantinidis, tried to open the passenger door, but it was locked, so he went over to the driver’s side. . He then reached through the driver's side window with his right arm to retrieve the keys and deactivate the engine. At the same time, Mr. Lopez started driving and dragged Officer Konstantinidis into traffic. Upon seeing Officer Konstantinidis getting dragged, Officer Blanchard fired a shot in the back of Mr. Lopez’s neck. Officer Konstantinidis testified that he was able to free his hand before the car made impact with the planter. He was unsure how he ended up on the passenger side of the car and summed it up to being “disoriented”.
During the trial, Officer Konstantinidis had testified that he was near the driver's seat, trying to unplug the car keys when Mr. Lopez began driving, and his hand got stuck, causing him to be dragged by the car. However, an eyewitness who testified for Mr. Lopez claimed that both officers were on the passenger side and Officer Konstantinidis was never dragged by the car. Mr. Lopez’s medical expert, Dr. William Kulak, testified that the bullet caused a spinal cord injury which delays the loss of nerve function for up to one minute, which allowed Mr. Lopez to drive for a few seconds. Dr. Alan Bender, the City's expert, initially testified, saying Mr. Lopez would not be able to drive immediately after being shot, but then changed his tune and agreed with Dr. Kulak. Based on the testimony and evidence presented, Mr. Lopez was awarded $6,000,000 in pain and suffering damages ($1,500,000 for the past 13.5 years and $4,500,000 for the future 35 years) by the Bronx County jury on December 5, 2019. Mr. Lopez was also awarded $5,000,000 by the jury for future medical expenses that will span 35 years. Defendants appealed.
Appeal
In Lopez vs. City of New York, the Appellate Judges reviewed all the evidence and testimonies on record. Based on eyewitnesses’ testimony, the Appellate Judge did not find Defendant’s version of events credible. There was also no clarification on how Officer Konstantinidis ended up on the passenger side after the accident. Based on Dr. Kulak’s testimony, the Judge upheld Mr. Lopez’s testimony that he began driving after the police shot him. Dr. Bender, the medical expert who testified for the defendant, had also agreed that a scenario in which Mr. Lopez drove briefly after being shot was plausible. During his testimony, Officer Blanchard also testified before the jury that he sometimes draws his weapon when he pulls over a drug suspect and is approaching the car. . Based on the aforesaid, the Appellate Court upheld the pain and suffering damages awarded to Mr. Lopez. However, the Appellate Court agreed with the Defendant's assertion that Mr. Lopez’s prospective medical expenses award was excessive, as certain treatments were deemed unnecessary. Mr. Lopez had not seen a physiatrist or received therapy in years, based on which the Court reduced the award for future medical expenses to $4,289,606.
Sternberg Injury Law Firm
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