Aleksandr Shoykhet, Lyudmila Shoykhet v. Todd Oppenheimer, Anh Oppenheimer
Published: Feb. 8, 2014 | Result Date: May 6, 2013 | Filing Date: Jan. 1, 1900 |Case number: CGC-12-521270 Settlement – $1,850,000
Court
San Francisco Superior
Attorneys
Plaintiff
David W. Wessel
(Law Offices of Boris E. Efron)
Boris E. Efron
(Law Offices of Boris Efron)
Walter H. Walker III
(Walker, Hamilton & Kearns LLP)
Defendant
Mark T. Petersen
(Richardson, Fair & Cohen)
Robert F. Tyson Jr.
(Tyson & Mendes LLP)
Facts
Aleksandr Shoykhet was involved in a car accident with Todd Oppenheimer. Shoykhet was walking on foot through a crosswalk when he was hit by Oppenheimer's car. Shoykhet then sued Oppenheimer and his wife.
Contentions
PLAINTIFF'S CONTENTIONS:
Shoykhet argued that the light at the intersection had been green for him, allowing him to walk, when Oppenheimer hit him. He further claimed that Oppenheimer had initially arrived at the intersection and come to a stop, then accelerated into the intersection and hit him. Shoykhet argued that Oppenheimer's wife should also be held liable.
Shoykhet's wife, Lyudmila Shoykhet, also asserted a claim for loss of consortium.
According to plaintiffs, the treating physicians and defense experts disagreed on every point. Plaintiffs' experts opined that he had at least 5 more years to live and could benefit from surgical treatment. Defense experts claimed that Shoykhet should have been dead long ago and providing him any surgical care would be a waste.
DEFENDANT'S CONTENTIONS:
Oppenheimer argued that he was not at fault for the accident, because the sun had been in his eyes as he was driving. However, he later admitted fault for the accident.
Settlement Discussions
Aleksandr Shoykhet demanded $2,249,999 to settle, while Lyudmila Shoykhet demanded $499,999. The Oppenheimers offered $500,000.
Damages
Defendants disputed plaintiff's life care plan amount.
Injuries
Shoykhet injured his head, ribs, spine, knees and legs.
Result
The parties decided to resolve their dispute out of court and settled on the first day of trial for $1.85 million.
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