This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Auto v. Auto
Intersection Collision

Teresa Zurek, Sebastian Zurek v. Yellow Cab, Saber Frikha

Published: Nov. 19, 2002 | Result Date: Jul. 9, 2002 | Filing Date: Jan. 1, 1900 |

Case number: CV789957 –  $30,426

Judge

Susan M. Breall

Court

San Francisco Superior


Attorneys

Plaintiff

Christopher Ashworth

Laura Liccardo
(Law Office of Laura S. Liccardo)


Defendant

Lawrence E. Kern


Experts

Plaintiff

Michael J. Braun
(technical)

Kelly Perkle
(medical)

Christopher J. Cox
(Hogan Lovells US LLP) (medical)

Janet Jhong
(technical)

Defendant

David M. Bradshaw
(medical)

Laura L. Liptai
(technical)

Facts

The plaintiffs, husband and wife, were traveling southbound in their 2000 Nissan NX on Fillmore
Street in San Francisco. They were in the process of entering the intersection at Geary and
Fillmore. Meanwhile, a Yellow Cab taxi, driven by the defendant and owned by Yellow Cab was
traveling westbound on Geary when, on entering the Geary/Fillmore intersection struck the
plaintiffÆs vehicle at approximately 20 mph.

Settlement Discussions

The plaintiffs had submitted demands that totaled $125,000 (the husband, $25,000; the wife $100,000). The defendants did not put forward any offer.

Specials in Evidence

$31,000 (the plaintiff wife) plus $4,750 (the plaintiff husband) At the rate of $2,000 per month for two years (the plaintiff wife).

Damages

The plaintiff husband claimed property damage of $3,269.

Injuries

The plaintiff wife, aged 29, claimed that she hit both knees on the front dashboard and sustained bilateral chondromalacia with identical flapped hairs on each knee. She underwent bilateral arthroscopic procedures as well as chiropractic treatment for her neck and upper back. Her husband, and the co-plaintiff, a 30-year-old website designer, sustained wrist injuries, soft tissue neck injuries as well as headaches.

Other Information

The defendants had rejected a prior award of $85,000. The plaintiffs have filed a motion for new trial. The gross verdict of $30,426 was divided as to $22,157 economic damages and $5,000 non-economic damages for the plaintiff wife, and $3,269 property damage for the plaintiff husband.

Deliberation

10 hours

Length

eight days


#104906

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390