Claim Shocks Taser Maker
By Robert Warne - July 29, 2003 With two similar cases to pump up the voltage in a taser claim, the City of Madera and one of its police officers are suing Taser International for a shocking mix up with deadly results.
Last year Madera police officer, Marcy Noriega thought she drew her taser when she wanted to subdue Everardo Torres who was handcuffed and kicking the window in the back of her squad car.
But instead of administering a shock, Noriega was the one who was shocked after she realized she pulled the trigger on her service revolver instead, and killed Torres.
No criminal charges were ever filed against Noriega for the incident, which was determined to be an accident.
The Torres family then filed a $10 million wrongful death claim against Madera and Noriega. But the city and Noriega rejected the claim on the grounds that they aren’t 100 percent liable for the accident.
Their position is that the training provided by Taser failed to address the potential confusion one may experience when choosing which gun to draw.
The two similar incidents, which the city is relying on to power up its claim, involve suspects who are lucky to still be alive after they were mistakenly shot with a handgun instead of a taser.
No claims have been settled yet. But for now, Taser is amping to incapacitate Madera’s claim in U.S. District Court.
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