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Personal Injury
Auto v. Auto
Pedestrian Accident

Mandy Lee v. Sharesce R. Kheriji, Yellow Cab Cooperative, Robert Williams

Published: Oct. 25, 2008 | Result Date: Jun. 11, 2008 | Filing Date: Jan. 1, 1900 |

Case number: CGC-06-454398 Settlement –  $90,000; $115,000 (global)

Court

San Francisco Superior


Attorneys

Plaintiff

Charles O. Geerhart

Thomas A. Paoli
(Paoli & Geerhart LLP)


Defendant

Ira J. Spratley

Joseph M. Devine


Facts

On Sept. 29, 2005, plaintiff Mandy Lee, a 41-year-old accountant, was waiting at a bus stop at the intersection of 3rd and 20th streets in San Francisco. Defendants Sharesce Kheriji was driving a cab westbound on 20th Street. Defendant Robert Williams was driving a vehicle southbound on 3rd Street. The defendants collided as they entered the intersection. As a result, defendant Williams' vehicle spun out of control and struck plaintiff on the sidewalk.

Included in the lawsuit was defendant Kheriji's employer, defendant Yellow Cab Cooperative. The plaintiff reached a settlement with defendant Williams for $25,000, the insurance policy limit. The case proceeded to non-binding arbitration with defendants Kheriji and Yellow Cab.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendants Kheriji and Yellow Cab were responsible for plaintiff's injuries.

DEFENDANTS' CONTENTIONS:
Defendant Williams was entirely responsible for the accident, as he was driving beyond the speed limit and ran a red light.

Specials in Evidence

Plaintiff sought $80,000 in past medical expenses. Plaintiff was unable to work during her physical therapy treatment and claimed $14,000 in past wage loss.

Injuries

The plaintiff underwent reduction with intramedullary rod fixation for a right femoral shaft fracture. She required three months of physical therapy.

Result

The arbitrator awarded plaintiff $40,000. The plaintiff rejected the award, and negotiated a settlement with defendants Yellow Cab Cooperative and Sharsce Kheriji for $90,000.


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