The JSH Reporter JSH Reporter - Fall 2017 | Page 10

CASES OF NOTE
010
Dunajski v. Mohave Mental Health Clinic
March 22, 2017
Mohave County Superior Court
Charles Callahan & Daniel King
Charlie Callahan and Dan King obtained a defense verdict
for their client, Mohave Mental Health Clinic, a Kingman-area
mental health clinic, after a 6-day jury trial.
The Clinic was sued by a Security Director of a nearby
hospital. Plaintiff alleged that the Clinic negligently allowed an
involuntarily committed mental health patient to escape from
the facility. When the patient left the facility, he went to the
nearby hospital and was confronted by Plaintiff. An altercation
between Plaintiff and the patient ensued, and Plaintiff alleged
that he sustained low back injuries in the altercation, which
eventually resulted in a spinal fusion surgery.
Plaintiff claimed that he was permanently disabled as a result
of his injuries and sought $162,000 in medical expenses,
$300,000 in future medical expenses, $1,000,000 in future
loss of earning capacity, and pain and suffering damages.
The jury deliberated for two hours before returning a defense
verdict.
Yolanda Erickson, et al. v. City Phoenix,
et al
June 6, 2017
District Court of Arizona
John Masterson, Joseph Popolizio and Justin Ackerman
On July 28, 2013, Phoenix Police officers responded to a
Phoenix Police dispatch involving a shirtless man (Miguel Ruiz)
damaging an A/C unit located on the roof of his apartment.
After police arrived, officers used a bucket crane and attempted
to talk Ruiz down from the roof. Ruiz, stating that others
were trying to kill him, ignored the officers’ commands and
refused to come down from the roof. After multiple attempts
to convince him to come down from the roof, Ruiz began to
scoot to the side of the roof, toward a second-floor landing
outside the front door of an apartment unit. Officer Camarillo,
one of the Phoenix Police officers on scene, positioned himself
near the stairwell in case Ruiz jumped onto the landing. After
Ruiz jumped nearly 10 feet to the second-floor landing, Officer
Camarillo grabbed him, putting his arms around Ruiz’s neck.
Within a few seconds, other officers attempted to restrain
Ruiz by his arms and legs. Another officer also tased Ruiz
multiple times, but it had no effect on him. After more than four
minutes of struggling to control Ruiz, Officer Camarillo applied
a carotid hold to Ruiz. Officers were then able to subdue Ruiz
and carry him down to EMS personnel, who determined that
Ruiz was pulseless. Although EMS resuscitated Ruiz, he was
taken off life support five days later due to an anoxic brain
injury. It was later revealed that Ruiz had significant amounts of
methamphetamine in his system.
Ruiz’s mother, Yolanda Erickson, filed a Complaint against
Officer Camarillo, on July 28, 2014. Ms. Erickson claimed
that Officer Camarillo’s conduct was negligent, grossly
negligent, and that Officer Camarillo violated Ruiz’s Fourth
and Fourteenth Amendment rights under 42 U.S.C. § 1983.
Attorneys John Masterson, Joe Popolizio and Justin Ackerman
filed a partial motion to dismiss and motion for summary
judgment, eliminating all but Ms. Erickson’s claim for
excessive force under the Fourth Amendment. JSH attorneys
then proceeded to trial on the excessive force claim, which
ultimately resulted in a complete defense verdict after the jury
deliberated for less than one hour.
Yolanda Erickson, et al. v. City of