Mehrdad Z. Shirazi; Elaine Shirazi v. John F. Duignan; Arleen A. Duignan
Published: Apr. 5, 1997 | Result Date: Nov. 26, 1996 | Filing Date: Jan. 1, 1900 |Case number: 952159397 – $0
Judge
Court
King Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Gary F. Schuster
(medical)
Facts
On Aug. 31, 1994, plaintiff Mitch Shirazi, a 37-year-old engineer, was driving a 1974 Volkswagen Beetle when he attempted to exit for a McDonald's restaurant on SR 515. As he approached the exit drive, a courtesy gap was provided by other motorists traveling in the northbound lanes of SR 515 (traffic was congested at the time due to early rush-hour traffic). Acknowledging the courtesy gap left by the northbound motorists, Shirazi began traversing the northbound lanes. Prior to reaching the center two-way turn lane, Shirazi stopped and checked left and right for motorists entering the center-turn lane. Seeing none, he entered the center-turn lane. At approximately the same time, defendant Arleen Duignan, who was traveling northbound on SR 515, moved from the inside northbound lane into the center-turn lane. Defendant Duignan's purpose in moving into the center-turn lane was to access the "left turn only" lanes located to the north. Ultimately, both motorist entered the center-turn lane and a collision resulted. The plaintiffs brought this action the defendant based on negligence and loss of consortium theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $20,000-$22,000. The defendant made a settlement offer of compromise for $10,000.
Specials in Evidence
$3,290 $617.28 $1,122.80 $6,650
Injuries
The plaintiff alleged that he suffered soft-tissue injuries to the neck and back and a neck sprain. The plaintiff also claimed to have suffered a forehead contusion, pinched nerve and a possible cervical radiculopathy. The plaintiff alleged miled anterior disc protrusion at C4-5 and a mild diffuse posterior disc protrusion at C5-7, left shoulder impingement syndrome with chronic bursitis, post traumatic left shoulder arthritis, and a C7 radiculopathy.
Other Information
The verdict was reached approximately two years after the case was filed. An arbitration was held before Gene Grantham resulting in a $25,000 award. The defendant requested a trial de novo.
Deliberation
2+ hours
Poll
10-2
Length
4 days
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