Mehran Afrasiabi v. Laureen Russell
Published: Dec. 6, 1997 | Result Date: Nov. 17, 1997 | Filing Date: Jan. 1, 1900 |Case number: 759840 – $1,923
Judge
Court
Orange Superior
Attorneys
Plaintiff
Steven R. Berardino
(Molino & Berardino APLC)
Defendant
Thomas G. Wianecki
(Wesierski & Zurek LLP)
Experts
Plaintiff
Thomas J. Klusmeyer
(medical)
Defendant
Sanford H. Anzel
(medical)
Facts
On Aug. 28, 1995, plaintiff Mehran Afrasiabi, a 36-year-old disabled flooring contractor, was driving on Hillcrest Street in Mission Viejo. Defendant Laureen Russell made a left turn in front of plaintiff and the two cars collided. The plaintiff was uninsured at the time and was therefore subject to Proposition 213, allowing him to pursue only economic damages. The plaintiff brought this action against defendant based on a negligence theory of recovery. The defendant admitted liability.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $100,000. The defendant made a C.C.P. º998 offer of compromise for $2,500.
Specials in Evidence
$48,974
Damages
The plaintiff claimed medical expenses in the amount of $48,974.
Injuries
The plaintiff alleged he suffered a left hip surgical revision following bilateral hip replacements.
Other Information
The verdict was reached approximately one year and nine months after the case was filed. An arbitration was held on Jan. 8, 1997, before Ernest Yates resulting in an award of $12,000. According to defendant, a constitutionality challenge to the retroactivity provision of Proposition 213 was significantly briefed and ultimately upheld. In addition, plaintiff had several prior claims and suits. In 1990, plaintiff was injured in a pool accident and he also filed suit against one of his doctors for malpractice related to steroid use and destruction of his hips.
Deliberation
26 minutes
Poll
12-0
Length
three days
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