Carlo Middione v. Joseph Dayyat
Published: Jul. 31, 2010 | Result Date: Apr. 30, 2010 | Filing Date: Jan. 1, 1900 |Case number: CGC-08-481052 Verdict – $14,190
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Robert Mikel
(medical)
Kurt V. Miller M.D.
(medical)
Jesse Dohemann
(medical)
Michael Sutro
(medical)
Narsai David
(technical)
Trung Le
(medical)
Rene A. Castaneda
(technical)
Barbara T. McQuinn
(medical)
Kent Sims
(technical)
Charles Skomer
(medical)
Defendant
Tack Lam
(medical)
F. Michael Sowerwine
(technical)
Shelly Salpeter
(medical)
Facts
Plaintiff Carlo Middione was driving north on Mission Street in San Francisco on May 9, 2009, when he was rear-ended by a vehicle operated by defendant Joseph Dayyat. Middione filed suit against Dayyat, alleging motor vehicle negligence.
Contentions
PLAINTIFF'S CONTENTIONS:
Middione contended that Dayyat's vehicle rear-ended his and caused Middione to hit the vehicle in front of him. An expert for Middione stated that he had to close his restaurant down after the accident.
DEFENDANT'S CONTENTIONS:
Dayyat admitted negligence. Dayyat contended that Middione's pre-existing nasal and sinus problems lead to his loss of taste and smell injuries, and contested the extent of Middione's claimed symptoms.
Damages
Middione sought $10 million in lost income as well as $17,000 in past medical expenses.
Injuries
Middione sustained a closed head injury, broken teeth and chest as well as neck and back pain. He further stated the head injury caused him to lose most of his smell and taste senses, which made him unable to work as a chef.
Result
The jury awarded Middione $14,190 in damages.
Deliberation
1.5 hours
Poll
12-0
Length
three weeks
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