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Personal Injury
Solo Automobile Accident
Rollover

Raven Naber v. Geoffrey Esmail, Braudy Bersin, Joshua Bersin, Heidi Bersin, and Rod Hesh

Published: May 19, 2012 | Result Date: Dec. 8, 2011 | Filing Date: Jan. 1, 1900 |

Case number: CIV491483 Settlement –  $500,000

Court

San Mateo Superior


Attorneys

Plaintiff

Frank M. Pitre
(Cotchett, Pitre & McCarthy LLP)

Ara R. Jabagchourian
(Law Offices of Ara Jabagchourian PC)


Defendant

Dennis J. Ward
(Ropers, Majeski, Kohn & Bentley)

Fred G. Meis

Robert M. Gerhardt


Facts

On Oct. 4, 2009, Geoffrey Esmail was driving a van to the University of Arizona. Raven Naber was sitting in the back seat of the van. Esmail lost control of the van such that it swerved off the road. Two other passengers, Rod Hesh and Braudy Bersin, were seated in the front row of the car, and grabbed the steering wheel in an attempt to straighten the vehicle out. However, the van rolled over, ejecting Naber through a rear passenger side door. Naber filed suit against Esmail, Hesh, Bersin, and the owners of the vehicle, Joshua and Heidi Bersin.

Contentions

PLAINTIFF'S CONTENTION: Plaintiff claimed that Esmail, Hesh, and Bersin negligently operated the van, and that the Bersins should be held vicariously liable. In addition, she alleged that Esmail fell asleep while driving, and that Hesh and Bersin pulled the wheel in an opposite direction with too much force, which brought about the incident.

DEFENDANT'S CONTENTIONS:
Esmail denied that he fell asleep while driving, and Hesh and Bersin denied tugging on the wheel with too much force.

Damages

Naber sought $6,000 for scar revision surgery, and $74,280.55 in past medical costs, as well as pain and suffering damages.

Injuries

Plaintiff suffered closed reduction, finger laceration, shoulder fracture, internal fixation, open reduction, plating, scarring of her body and face, and sutures.

Result

The parties reached a settlement amounting to $500,000.


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