Wright

Introduction

This action arises out of the death of Jerry Eugene Wright, Jr. Plaintiffs and appellants are his parents, Jerry Eugene Wright, Sr., and Ethel Mae Wright, and brother and sister, Donald Troy Wright and Sharon Carol Wright. Defendants and appellants are the City of Los Angeles, Los Ange *325 les Police Department Officer Robert Saurman and Los Angeles Fire Department Paramedic Daniel Maloney.

On March 31, 1980, plaintiffs filed their complaint against these defendants, and several others later dismissed, for wrongful death (negligence— count 1; false imprisonment—count 2; and assault and battery—count 3); negligent infliction of emotional distress—count 6; intentional infliction of emotional distress—counts 7 and 11; false imprisonment—count 8; and deprivation of constitutional rights—counts 4-5 and 9-10.

The fifth and tenth causes of action were dismissed prior to trial. The trial began on March 11, 1985. After the plaintiffs had rested, the trial court granted defendants’ motion for nonsuit pursuant to Code of Civil Procedure section 581c as to count 4 (deprivation of constitutional rights under 42 U.S.C. § 1983 ) and as to count 9 (deprivation of…

I concur in the majority’s opinion that, since the jury found that Officer Saurman did not falsely imprison or batter Jerry Wright, Jr., no factual basis supported imposing *357 liability on Officer Saurman. The record shows that when the police arrived in the middle of the night, they faced a scene of utter confusion. The police observed the deceased, Jerry Wright, Jr., driving a vehicle over one Leroy Jones’s hand. There was evidence that Wright and Jones had been involved in a fight, which each accused the other of having caused. Family members and neighbors who congregated at the scene joined the accusations. Clearly the police had a duty to sort out this confusion, to restore order, and to summon paramedics, and they satisfied their duty.

I respectfully dissent with regard to the majority opinion’s finding of liability as to paramedic Maloney’s conduct. The majority opinion’s sole basis for reversal concerns Maloney’s failure to examine Jerry Wright, Jr., for symptoms of shock. Plaintiff’s theory of proximate causation is that had the paramedics treated the deceased victim for symptoms of shock, that treatment would have saved him from the true cause of death, which was not…

This action arises out of the death of Jerry Eugene Wright, Jr. Plaintiffs and appellants are his parents, Jerry Eugene Wright, Sr., and Ethel Mae Wright, and brother and sister, Donald Troy Wright and Sharon Carol Wright. Defendants and appellants are the City of Los Angeles, Los Angeles Police Department Officer Robert Saurman and Los Angeles Fire Department Paramedic Daniel Maloney.

On March 31, 1980, plaintiffs filed their complaint against these defendants, and several others later dismissed, for wrongful death (negligence — count 1; false imprisonment — count 2; and assault and battery — count 3); negligent infliction of emotional distress — count 6; intentional infliction of emotional distress — counts 7 and 11; false imprisonment — count 8; and deprivation of constitutional rights — counts 4-5 and 9-10.

The fifth and tenth causes of action were dismissed prior to trial. The trial began on March 11, 1985. After the plaintiffs had rested, the trial court granted defendants' motion for nonsuit pursuant to Code of Civil Procedure section 581c as to count 4 (deprivation of constitutional rights under 42 U.S.C. § 1983 ) and as to count 9 (deprivation of…