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Personal Injury
Auto v. Auto
Negligence Per Se - Common Carrier

Andrew Housey, Elizabeth Housey v. Desoto Cab Company Inc., Shahid Aziz, John Hansen, and Does 1 to 10, inclusive

Published: Aug. 27, 2016 | Result Date: Aug. 8, 2016 | Filing Date: Jan. 1, 1900 |

Case number: CGC-14-537262 Settlement –  $750,000

Court

San Francisco Superior


Attorneys

Plaintiff

Owen T. Rooney

Keith R. Schirmer
(Edrington, Schirmer & Murphy LLP)


Defendant

Edgar W. Hawkyard
(Law Office of Catherine A. Walsh)


Facts

Shahid Aziz was a cab driver for Desoto Cab Company Inc. Aziz rear-ended a Toyota Camry while driving plaintiffs to the San Francisco Airport on southbound U.S. 101 in San Francisco. The cab was then rear-ended by John Hansen, who was driving a Honda Civic. Plaintiffs sued Desoto, Aziz and Hansen.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed that Hansen was negligent because he failed to maintain his vehicle in proper and safe mechanical condition and because he rear-ended the cab. Furthermore, because Hansen was speeding, he was negligent per se.

Plaintiff asserted causes of action for negligence, negligence per se (common carrier/motor vehicle), negligence, negligence per se (motor vehicle, negligent infliction of emotional distress-bystander, and loss of consortium.)

DEFENDANT'S CONTENTIONS:
Hansen denied plaintiffs' allegations and asserted various affirmative defenses.

Result

Plaintiffs settled with Hansen for $750,000.

Other Information

FILING DATE: Feb. 7, 2014.


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