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Personal Injury
Auto v. Pedestrian
Negligence

Josef Czerski v. The Yellow Cab, Alem Assefa

Published: Sep. 30, 2003 | Result Date: Jun. 11, 2003 | Filing Date: Jan. 1, 1900 |

Case number: 323818 Verdict –  $240,000

Judge

Ellen L. Chaitin

Court

San Francisco Superior


Attorneys

Plaintiff

Michael E. Cardoza
(The Cardoza Law Offices)


Defendant

Lawrence E. Kern


Facts

The plaintiff Josef Czerski, a 68-year-old carpenter handyman, was crossing at the intersection of Ellis and Franklin Streets in a westerly direction when a Yellow Cab vehicle driven by Alem Assefa, traveling on Ellis in a westerly direction, made a right turn on a green light and struck the plaintiff in the center of the marked crosswalk. The plaintiff was thrown into the air and landed on his head. The defendant did not stop immediately after hitting the pedestrian but eventually did so later. The plaintiff sued Asefa and The Yellow Cab Company and claimed that Asefa had failed to yield the right of way. The defendants admitted liability but disputed the extent of the alleged injuries.

Settlement Discussions

None disclosed

Specials in Evidence

$20,500 $10 per hour for part-time work Undetermined

Injuries

The plaintiff sustained a fractured left tibial plateau, arthritis that developed around the fracture, concussion and sprains and strains to the knee, spinal column and back. He was hospitalized and then put on pain medication and physical therapy. He has not worked since the accident and claimed continuing mobility problems with his knee.

Result

Pre-trial, a non-binding arbitration award of $93,000 was rejected by the plaintiff.

Deliberation

one day

Poll

11-1

Length

six days


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