Lawyer Says City Has Week to Settle Stun-Gun Claim

An attorney representing an epileptic motorist who was shocked repeatedly with a stun gun by a Ventura police officer said Tuesday that he will sue the city for $2 million in damages unless the City Council agrees to a $250,000 settlement proposal by early next week.

“Our patience is wearing thin,” said attorney Sanford Gage after being told by Ventura city officials Tuesday that the council had delayed a decision on the proposed settlement Monday night after meeting for more than an hour.

“We’re ready to go forward with the lawsuit, but out of courtesy, I guess we’ll wait another week,” said Gage, who represents Donn Christensen, the epileptic who was shocked with the stun gun.

Monday’s closed-door council session was the first policy-level meeting of city officials to discuss the case since retired judge Vincent Dalsimer, an arbitrator hired by both sides, proposed the settlement last week.

City officials at the meeting said they ran out of time to discuss the settlement after being briefed by city attorneys.

After deliberations were extended 15 minutes beyond the scheduled one-hour meeting, the council decided to continue the discussions next Monday rather than rush a decision on the settlement proposal, sources said.

Officer Steven Mosconi shocked Christensen, 26, between seven and nine times with a 50,000--volt Nova Stun gun in June after Christensen, a victim of an epileptic seizure behind the wheel, lost control of his car and caused a minor traffic accident.

On July 26, Christensen filed a $2-million civil claim against the city. A week later, the Ventura County district attorney’s office said it would not prosecute Mosconi, who was suspended for a month without pay because of the incident.

Gage said the settlement figure offered by Dalsimer was very conservative in light of the evidence uncovered against Mosconi--but he was willing to accept it to avoid a trial that could last up to five years before being resolved.

However, as time goes on and the lawsuit progresses, Gage said, the settlement costs to the city will rise accordingly.

“If I were in the city’s shoes, I’d try to settle and settle fast,” Gage said. “I don’t understand what they are waiting for--the facts are the facts. There are more than 50 witnesses who saw the incident. I just can’t see the benefits of delaying a decision any longer.”

Asked to comment, City Manager John Baker said, “I don’t deal with lawsuits in the newspapers.”