Paula Pearson v. Mulat Kahassai Fesseha
Published: Jul. 29, 2003 | Result Date: Apr. 9, 2003 | Filing Date: Jan. 1, 1900 |Case number: GIC787405 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Stephen L.R. McNichols Jr.
(medical)
Defendant
David R. Hackley
(medical)
Joseph A. Awad
(technical)
Facts
The plaintiff, a 45-year-old female, was a passenger in the rear seat of a taxi driven by the defendant, a driver for the co-defendant Ark Cab. The cab driver struck another vehicle in an intersection and was alleged to have injured the plaintiff. The defendant driver contended that he had reacted to back seat directions from the plaintiff prior to entering an unusual and confusing intersection. He further argued that the plaintiff was contributorily negligent for her violation of California law which required her to wear a seat belt. The defendant also asserted that the plaintiff's injuries were pre-existing. There was a dispute as to whether the defendant had run a red light.
Settlement Discussions
The plaintiff demanded $70,000; the defendants offered $50,000.
Injuries
The plaintiff claimed to have struck her knee against the back of the driver's seat on impact and this caused a contusion to the patella and chondromalacia with irregularities of the meniscus. She argued that diagnostic and operative surgery was required to address a defect of the medial femoral condyle.
Deliberation
two hours
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