Facts

On Sept. 29, 2010, plaintiff Marie Busalacchi, 81, was driving her 1998 Toyota Camry on Embarcadero St. in San Francisco. Defendant Fermino Rodrigues was driving a 2000 Ford Crown Victoria taxicab and collided with plaintiff.

Plaintiff sued Rodrigues, Acme Yellow LLC dba Yellow Cab AAA Co., and the company's owners, defendants Jeffrey Browning and Param Dhillon.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant Rodrigues rear-ended her vehicle, causing her injuries.

Injuries

Although the collision caused only minor property damage, the impact sent plaintiff's head into the steering wheel. This resulted in a subdural hematoma. An ambulance transported plaintiff to San Francisco General Hospital, where she underwent an emergency craniotomy. Plaintiff sustained brain injury and could no longer live independently, and now resides in a retirement facility in San Jose.

Result

The jury determined that Acme Yellow LLC had sufficient control over the manner in which Rodrigues performed his job and found in favor of the plaintiff. Plaintiff was awarded $1,373,866, as follows: $773,866 in economic damages and $600,000 in non-economic damages. The jury found against Acme Yellow LLC dba Yellow Cab Co. AAA and Jeffrey Browning, Param Dhillon, and Fermino Rodrigues, individually. In a bifurcated court trial, Judge Massullo found Browning and Dhillon were alter egos of Acme Yellow LLC dba Yellow Cab AAA Co. The court awarded costs, prejudgment interest, attorney fees in a post-trial hearing, entering final judgment in the amount of $1,504,171.

Other Information

FILING DATE: July 15, 2011.