Gershom “Koby” Koomson Jr. (Associate-Los Angeles, CA) and Victor M. Campos (Of Counsel-Los Angeles, CA) secured summary judgment in Stanislaus County Superior Court, Modesto, California, on behalf of Wilson Elser’s security officer clients. The plaintiff in this matter alleged negligent use of a firearm after being shot during an encounter with our clients. The security officers responded to an alarm call at an elementary/middle school where the plaintiff was unlawfully present. The security officers engaged the plaintiff to stop suspected criminal activity. However, rather than comply, the plaintiff jumped into his vehicle and nearly ran over one of the security officers; he then attempted to run over the other as he fled the scene. Faced with an immediate threat to life, our client discharged his firearm, striking the plaintiff.

Following nearly two years of litigation – including extensive motion practice, jailhouse interviews, and challenging interactions with the plaintiff’s counsel, Koby and Victor successfully refuted the plaintiff’s claims. In particular, they successfully defended against the plaintiff’s arguments for statute of limitations tolling based on COVID-19 emergency orders and capitalized on critical procedural missteps in the plaintiff’s case. As a result, the court granted summary judgment in favor of our clients, defeating the plaintiff’s $3 million demand.