Trial Magazine

Yadata Osman, 29, was allegedly doing “donuts” while driving his Audi sedan in an empty parking lot. City of Dunwoody police officers Kevin Lopez-Lincona and T.D. Fecht responded to a police call and drove their patrol vehicles to the parking lot. Fecht pulled behind Osman’s car and activated the patrol car’s blue lights. Osman pulled into a parking space, got out of the Audi, and, with empty hands, ran across the parking lot, away from the officers.

Fecht allegedly chased him on foot while Lopez-Lincona allegedly began to pursue Osman in his patrol vehicle. Lopez-Lincona allegedly struck Osman with the patrol car. Osman continued to run across the parking lot, and Lopez-Lincona allegedly sped toward Osman and struck him again. Osman was pulled under the patrol car, suffering a crushed leg and broken bones.

Osman required surgery, including placement of hardware, followed by physical therapy. His medical expenses totaled approximately $370,000.

Osman sued the city for negligence, assault, battery, excessive force, unreasonable search and seizure, and failure to provide medical care. He did not seek damages for lost income.

The defense argued that Osman was drunk at the time of the incident and that he ignored an officer’s command.

The parties settled for $400,000.

Citation: Osman v. Lopez-Lincona, No. 1:19-cv-04491-ELR (N.D. Ga. Nov. 18, 2020).

Plaintiff counsel: Mark Begnaud and AAJ member Michael Eshman, both of Decatur, Ga.