Facts

Plaintiffs Chelsea Bishar and Alexander Sleiman were passengers of a Lincoln Town Car owned and operated by defendant Mohamed Abdullah Ahmed, on July 13, 2013. After picking up plaintiffs in San Diego, defendant proceeded to drive plaintiffs home. Shortly after defendant merged onto northbound Interstate 15, an unknown driver of a Chevy Blazer drove past defendant's Town Car on the left side and then suddenly turned right in front of the defendant's Town Car. It was disputed as to whether the Chevy Blazer made contact with the Town Car on the left corner of the front bumper.

The driver of the Chevy Blazer fled the scene he was never identified.

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that defendant negligently operated his for hire Town Car while transporting plaintiffs by not paying attention and/or overreacting to the Chevy Blazer. Plaintiffs claimed defendant was a common carrier.

DEFENDANT'S CONTENTIONS:
Defendant contended that after the Chevy Blazer turned right in front of the defendant's Town Car, the Chevy Blazer continued to the right across the freeway to the right lane and so did plaintiff, toward the right shoulder of the freeway. Defendant then turned back to the left across the freeway lanes and crashed into the center divider, causing damage to the Town Car.

Defendant denied that he operated the Town Car in a negligent manner and that he was faced with a sudden emergency caused by the hit and run driver. Defendant claimed that the unknown driver who fled the scene was the sole cause of the accident.

Settlement Discussions

Plaintiffs' initial statutory demands were for policy limits of $650,000 for Bishar and $100,000 for Sleiman, for a total of $750,000. Prior to trial, plaintiffs reduced their statutory demands to $264,999 for Bishar and $69,999 for Sleiman, for a total of $334,998. Defendant made CCP 998 offers of $45,000 to Bishar and $15,000 to Sleiman.

Damages

Plaintiffs requested that the jury award approximately $1.25 million in damages.

Injuries

Bishar claimed that she sustained a traumatic brain injury, cognitive impairment, a concussion, hearing and visual sensitivity, chronic migraine headaches, orthopedic injures and severe emotional distress as a result of the automobile accident. Defendant disputed that Bishar sustained any sort of traumatic brain or cognitive injury and established that Bishar injuries were limited to minor bruising and soft tissue in nature. Sleiman alleged orthopedic and concussive injuries. Defendant denied that Sleiman sustained any injuries other than a small laceration and minor soft tissue injury.

Result

The jury found defendant not negligent and returned a 10-2 defense verdict against both plaintiffs.

Other Information

Defendant filed a memorandum of costs including expert fees in excess of $100,000. Plaintiffs have filed a motion to strike and tax costs. MEDIATOR: Craig Higgs. FILING DATE: Aug. 30, 2013.

Deliberation

2.5 hours

Length

10 days