Facts

On November 17, 2010 Nasser Dastmalchi, 52, was driving his vehicle west on Sunflower Avenue in Costa Mesa when he was broadsided by a vehicle driven by Victor Bernedo, who was traveling south on Harbor Boulevard. Dastmalchi sued Bernedo and the owner of the vehicle driven by Bernedo, Barbara Villacin. Villacin was later dismissed.

PLAINTIFF'S CONTENTIONS:
Dastmalchi contended that Bernedo ran a red light, therefore negligently operating his vehicle.

DEFENDANT'S CONTENTIONS:
Bernedo admitted liability but contested Dastmalchi's claimed injuries.

Settlement Discussions

According to plaintiff, here were four demands for $100,000 by plaintiff. Plaintiff made a CCP 998 demand for $250,000 and defense made a CCP 998 offer for $50,000 initially and subsequently made a CCP 998 offer for $100,000. Defendants offered $150,000 before trial, and asked the jury, in closing, to award $65,000. Plaintiff asked for $3.5 million in closing. According to defense, plaintiff demanded $25,000 by CCP 998. Defendant offered $100,000 by CCP 998. Plaintiff asked the jury to award $4,000,000.

Injuries

Dastmalchi claimed injuries to his back, eventually undergoing an L5-S1 spinal fusion.

Result

TThe jury awarded Dastmalchi $157,863.06 in past medical expenses, $100,000 in future medical expenses, $200,000 in past noneconomic losses, and $500,000 in future noneconomic losses for a total award of $957,863.06.

Other Information

FILING DATE: Oct. 4, 2012.

Deliberation

4.5 hours

Length

eight days