Facts

On March 10, 2007, plaintiff Gabriel Shalaby was riding his skateboard when he collided with a vehicle driven by defendant Alberto Mahani in Albany, at the intersection of Washington and Evelyn. Shalaby's mother and guardian, Carmela Shalaby, sued Mahani, his guardians Mansour and Paloma Mahani, as well as the owner of the car, Maohsen Rezaee. Rezaee was dismissed before trial began.

PLAINTIFF'S CONTENTIONS:
Shalaby claimed Mahani operated his car negligently.

DEFENDANT'S CONTENTIONS:
Alberto Mahani testified that he did not see plaintiff before plaintiff struck the side of his car. The defense contended that plaintiff entered the intersection when defendant's car was so close as to constitute an immediate hazard. Further, the defense contended that the accident was unavoidable, as plaintiff entered the intersection when there insufficient distance for defendant to perceive and react to plaintiff entering the intersection. Dr. Lundy testified that plaintiff had made a full recovery and needed no further treatment.

Damages

Shalaby claimed pain and suffering and medical damages.

Injuries

Shalaby suffered fractures in the tibia and fibula that required open reduction and internal fixation with the implantation of a rod. Shalaby contended that he would require future surgery.

Result

The jury found for the defense.

Deliberation

one hour

Poll

11-1

Length

five days