Attorney Alex Galindo with the law offices of Curd, Galindo & Smith, LLP announces that his client's case Cox v. State of California Los Angeles Superior Court Case No.: BC 473308 is scheduled to commence December 10, 2013.
Court documents indicate that on February 5, 2011, CHP Officer Ron McMillan was performing routine traffic patrol along the I-405 northbound near LAX. Officer McMillan noticed that the driver of a gold colored SUV was attempting to alert the officer. Officer McMillan immediately noted that the driver was angry. The driver was William Cox a 52 year old truck driver. Mr. Cox was attempting to summons the officer to complain about another motorist who was cutting off other motorist. Court records state that Officer McMillan a 10 year veteran with the California Highway Patrol pulled Mr. Cox over. Mr. Cox immediately complied and stopped his vehicle on the right shoulder and exited his SUV. Court documents state that upon exiting Mr. Cox began shouting at the CHP officer asking why he didn't pullover the vehicle that was cutting people off. The incident report and court records show that the entire incident was captured on the patrol car's video camera. The video which was lodged with the court shows Officer McMillan in an attempt to keep Mr. Cox safe requested that he place his hands on his head. Mr. Cox complied but when Officer McMillan attempted to handcuff him, Mr. Cox pushed away and asked what was going on. The lawsuit further alleges that Mr. Cox requested a supervisor and began to walk away back to his vehicle when Officer McMillan shot Mr. Cox in the back with a Taser. Officer McMillan contends that he fired the Taser as he felt that his safety was threatened by Mr. Cox. Mr. Cox fell face first and alleges that he suffered severe injuries. The complaint goes on to allege that Mr. Cox was taken to a nearby hospital where he was diagnosed with a wrist fracture and facial lacerations.
On November 4, 2013, a Judge of the Superior Court denied the State's motion to dismiss the case which now allows the case to proceed to a jury trial.
Mr. Cox contends that the Officer exercised excessive force and violated his civil rights. Mr. Cox seeks damages against the Officer and the CHP. The Officer contends that he acted in accordance with CHP policy and procedures and that he fired the Taser to protect himself. The trial is expected to last two weeks.
Mr. Galindo is a founding member of Curd, Galindo & Smith, LLP which is a full service law firm that represents both corporate and professional clients and those who have been seriously injured or have lost a family member due to an accident, defective product, police misconduct or negligence. The law firm has recovered millions of dollars for its thousands of clients since 1995 by winning complex and challenging business disputes, death and injury cases involving police misconduct, traffic collisions, work place injuries and defective products, including defective automobiles, against some of the world's largest companies and governmental agencies.
Mr. Galindo received his business degree from University of Southern California in 1982 and his law degree in 1985 from the University of Oklahoma. Mr. Galindo has been a lawyer and real estate broker for over 25 years. He has won numerous jury verdicts and settlements in the area of personal injury, products liability and civil rights/police misconduct cases. Mr. Galindo is a member of ABOTA which is an organization of attorneys representing both plaintiffs and defendants in civil cases. All of the attorneys who belong to ABOTA have earned great distinction at trial. Mr. Galindo is a member of Million Dollar Advocates Forum, Consumer Attorneys of California, Consumer Attorneys of Los Angeles, NPAP (National Police Accountability Project), National Lawyers Guild, National Association of Realtors and California Association of Realtors.