Trial News

Early one morning, Gary Smith, 37, was standing with a group of people in front of a barber shop in Chicago. Several police officers came to the scene, with sirens activated, and drove by the group. Smith then left the area and walked toward his fiancé’s car. Realizing that police officers were pursuing him, Smith stopped and put his hands in the air. One or more of the officers shot him nine times, striking his major organs, including his lungs, liver, and intestine. He was taken by ambulance to a local trauma center but was pronounced dead approximately two hours later. Smith is survived by his two adult children.

Smith’s daughter, on behalf of his estate, sued the city of Chicago, alleging wrongful death and survival act battery claims. The plaintiff asserted that the officers shot Smith without giving him any commands and without determining whether he was armed. The plaintiff also claimed that the officers showed deliberate indifference toward Smith and lacked legal justification for using deadly force against him.

The plaintiff did not claim lost income.

The jury awarded approximately $5.1 million.

Citation: Davis v. City of Chicago, No. 15 L 4799 (Ill. Cir. Ct. Cook Cnty. Mar. 21, 2019).

Plaintiff counsel: Irene K. Dymkar, Torreya L. Hamilton, and Shamoyita DasGupta, all of Chicago.