RASTELLO V. CITY OF TORRANCE

Case Synopsis:

Attorney Brian Panish represented John Rastello in a landmark case against the City of Torrance involving an intoxicated police officer who killed Mr. Rastello’s 19-year old son and the subsequent police cover-up of the accident.  Mr. Rastello’s son, Kelly, died in a traffic collision with an off-duty Torrance police sergeant when the sergeant made a left turn in front of Kelly’s motorcycle.  Despite the fact that the sergeant had a reputation for heavy drinking and smelled of alcohol, the Torrance police delayed a field sobriety test for more than one hour, failed to measure the sergeant’s blood-alcohol level, and attempted to blame the accident on Kelly Rastello.  The department also falsified the accident report, witness statements, and physical evidence.  Significantly, evidence also established that the same sergeant was detained four months later for driving under the influence and driven home by police.  A jury awarded Mr. Rastello $5.9 million for his son’s death and the Civil Rights violation stemming from the cover-up, and the judge ordered the City to pay $2.1 million more in attorney’s fees and costs for a total judgment of $8 million.