By Chris O'Connell Court TV
PHOENIX Defense lawyers for Taser International recalled to the stand Monday the former supervising officer of a man who claims he lost his livelihood after he was shot with one of the company's famous stun guns. Robert Parrish, a former police captain, told jurors that plaintiff Samuel Powers had a spotty performance record during his 12 years as a deputy for the Maricopa County Sheriff's office. Parrish testified that he wrote Powers up 14 times for infractions ranging from incompetence to insubordination, and that he was not a dependable employee. "I could never be sure that what I asked him to do would get done," Parrish told jurors.
Lawyers for Taser hope Parrish's testimony will challenge the plaintiff's contention that he was an ideal deputy who was constantly being promoted — an assertion that could influence the jury's decision on his loss of future earning potential. Powers, 47, is suing Taser for approximately $800,000 in lost wages, plus punitive damages, in a claim that alleges he was not properly warned of the risks associated with the stun gun. Powers has testified that during a 2002 training session with fellow deputies, a one-second burst from the gun fractured his spine and forced him to retire. He now works as a municipal real estate appraiser, earning about half of what he made in law enforcement, his lawyers say. Defense lawyers contend that Powers' prior physical ailments, including severe osteoporosis, are the reason he suffered the fracture. They also say he should have known the stun gun could have injured him. Parrish was also the certified Taser instructor who schooled Powers on the use of the M26, the weapon that allegedly caused the plaintiff's injuries. Parrish, who was trained by Taser International, said he was told the weapon was "very safe" and that Taser representatives compared the shock from an M26 to that emitted by a standard defibrillator. On cross-examination, Powers' attorney John Dillingham reiterated the alleged shortcomings in Taser instruction manuals that fail to adequately warn users of risks. The defense is expected to wrap up its case this week, and Judge Paul Katz has not yet decided whether he will allow Powers to present a rebuttal case. Court TV Extra is streaming the trial live on the Web. |