Mary Ishak, Rania Ishak, Sami Bassaly and Amal Bassaly v. Julie Colleen Cope
Published: Oct. 31, 1998 | Result Date: Sep. 17, 1998 | Filing Date: Jan. 1, 1900 |Case number: 275169 Verdict – $1,080
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Thomas P. Smith
(medical)
Defendant
Michael H. Millar
(medical)
Facts
On Dec. 26, 1994, plaintiffs were driving northbound on Interstate 215 in the Riverside area, when their Nissan Minivan was struck from behind by defendant's full size pickup. Plaintiff driver, Sami Bassaly, indicated he slowed momentarily for traffic ahead of him and was struck in the rear by defendant's vehicle. Eight days after the accident, all nine passengers in the minivan went to Moreno Valley Medical Care for examination and treatment of their injuries. One adult and four minor passengers did not join the lawsuit. The plaintiffs brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
Defendant's February 1996 C.C.P. º998 offer of $1,000 each to the four plaintiffs were ignored. The defendants indicated a $10,000 offer prior to trial. The plaintiffs reduced their settlement demand to $30,000 prior to trial.
Specials in Evidence
$3,533 (Sami Bassaly); $1,719 (Amal Bassaly); $4,011 (Mary Ishak); $2,048 (Rania Ishak)
Damages
The plaintiffs claimed $2,659 in property damage.
Injuries
All plaintiffs claimed soft tissue injuries from the accident; driver Sami Bassaly claimed his congenital spinal defect was aggravated, and passenger Mary Ishak claimed a new injury to her knee preventing her from continuing her occupation as a hair stylist. None of the plaintiffs claimed any loss of earings as a result of the accident.
Other Information
The verdict was reached approximately two years and nine months after the case was filed. An arbitration was held on Oct. 3, 1996, before retired Judge Elwood Rich, resulting in awards to Sami Bassaly for $10,159 (including damage to vehicle); Amal Bassaly for $4,750; Mary Ishak for $7,500; and Rania Ishak for $2,750. Both plaintiffs and defendant requested a trial de novo.
Deliberation
five hours
Length
six days
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