Facts

On June 16, 2004, plaintiff Ahmad Niaz, 30, was working as an independently contracted environmental engineer at a gas station in Fresno. He was working in the gas station's parking lot, monitoring loose lids on the grounds as part of a soil remediation.

Manuel Redondo, who was driving a pickup truck in the scope of his employment with Commercial Tire Sales Inc., drove into the gas station through the exit. Redondo proceeded to park in a no parking zone. Then, when Redondo reversed, Niaz was located approximately 15 feet behind the vehicle and five feet to the side of the vehicle's passenger side. Redondo reversed past Niaz, but then struck him while driving forward and dragged him for about 20 feet.

Claiming physical injuries, Niaz sued Commercial Tire and Redondo for motor vehicle negligence.

A surveillance video of the accident showed Redondo reverse out of the picture, then re-appear, going forward approximately 25 feet. The video showed that after going forward, Redondo then stopped, and backed up. The video clearly showed Niaz underneath Redondo's vehicle.

PLAINTIFF'S CONTENTIONS:
Plaintiff's biomechanics expert, John Perry, testified that Niaz' injuries were consistent with being struck from behind and pressed into the pavement.

DEFENDANTS' CONTENTIONS:
The defense disputed Niaz' claims, arguing that Niaz was in the truck's blind spot at all times and Redondo had taken all reasonable precautionary measures before reversing the vehicle. Redondo stated that he recalled striking Niaz while backing up as Niaz was attempting to place bolts into a cover lid.

Redondo and defense accident reconstruction expert Michael J. Braun testified that Niaz was not visible to Redondo while he was backing up his truck or driving forward. Defense argued Niaz was not paying attention to his surroundings and did not take any safety precautions as he crouched down low in the gas station parking lot.

Settlement Discussions

Plaintiff demanded $149,000 as per CCP Section 998, though defense counsel claimed plaintiff's final demand was $298,000 as per CCP Section 998. Defendants offered $101,000 as per CCP Section 998.

Damages

Niaz sought $66,516 in medical specials and $44,800 in future medical expenses for a required second arthroscopy and a total knee replacement. Niaz sought an additional $28,876 in past lost income and $8,533 in future earnings capacity loss. Finally, Niaz sought unspecified damages for pain and suffering.

Injuries

Niaz was taken in an ambulance to the emergency room where he suffered a fractured right femur and was put in traction with a pin through his tibia. A couple of days later, he had open reduction and internal fixation with a femoral rod. Niaz also suffered deep abrasions with residual scarring to his right knee, right thigh, right shoulder, and right elbow. After surgery, Niaz required physical therapy for five months. Three months before trial, Niaz had the hardware removed and had arthroscopic surgery, revealing chondromalacia of the posterior side of his kneecap and scar tissue. The defense argued the knee injury occurred after the accident, not during it, pointing to Niaz' medical records.

Result

The jury found Redondo 60 percent liable and Niaz 40 percent liable for the incident. The jury awarded Niaz $748,725, which after liability apportionment and other adjustments agreed to in stipulations, reduced the award to $431,354.

Other Information

Plaintiff moved for costs and prejudgment interest as per its CCP Section 998 offer. The statutory offers from both sides were made before Niaz' orthopedic surgeon testified that he would need a second arthroscopic surgery and total knee replacement.

Deliberation

four hours

Poll

12-0 (on all issues)

Length

seven days