Facts

On Nov. 1, 2009, plaintiff Hussam El-Hosseiny, 29, a bartending student, was operating a silver 2006 Infiniti, owned by front seat passenger and plaintiff Nyla Khan, 26, Operations Pricing Analyst for Apple. The Infiniti was stopped at a red light on Alvarado Boulevard at the corner of Merganser Drive in Fremont. When the light turned green, El-Hosseiny lifted his foot off the brakes to proceed toward the intersection, when the Infiniti was rear-ended by a white Chevrolet Silverado pickup truck operated by defendant Paul Teu and owned by his mother, defendant Fatafehi Teu. Paul Teu had fallen asleep at the wheel and rear-ended the Infiniti at a speed estimated to be 50-60 mph. Both plaintiffs claimed injuries.

Plaintiffs sued Paul Teu for motor vehicle negligence and Fatafehi Teu for vicarious liability.

The defense conceded liability.

Settlement Discussions

The parties took part in one failed mediation effort. Thereafter, Plaintiffs made a 998 offer of $150,000 for Ms. Khan and $65,000 for Mr. El-Hosseiny. These 998s were served seven months before trial. Defendants made a 998 offer of $97,859 for Ms. Khan and $24,647 for Mr. El-Hosseiny shortly thereafter.

Injuries

Both plaintiffs were taken to Eden Medical Center via ambulance from the scene. Khan was knocked unconscious from the impact of hitting her head against the window, which shattered and left shards of glass in her head. She came to at the scene but was disoriented and could not recall the impact. Both ended up in the emergency room for numerous hours, with Khan being seen in trauma due to her head injury. Both were released the same day with instructions to follow up with their doctors. El-Hosseiny complained of pain to his upper and middle back, neck, right thigh and right knee. The driver's seat was jammed forward pushing his right leg/knee into the steering wheel. El-Hosseiny did not have medical insurance at the time. However, he followed up a few times at the free clinic he received his physicals from and subsequently treated with a chiropractor for approximately ten months following the accident. He also alleged wage loss for a future job as a bartender at Kirby's Bar and Grill in Fremont, which he had been scheduled to start that same week. Khan sustained a mild traumatic brain injury, whiplash, and a loss of consciousness at the time of impact. She complained of pain to her right arm, neck, lower and mid back, both shoulders, head and back of the head, right hip and right leg. She also claimed memory loss. Khan claimed that the pain in her neck and right shoulder was still present at the time of trial. She also complained of recurring headaches and continuing issues with her memory. Khan was prescribed medications including Flexeril, was given one Epidural Injection in her neck, and was still continuing with physical therapy at the time of trial. She also had to take a few weeks off of work and returned to work at Apple part time with accommodations for several weeks thereafter due to her injuries. She claimed lost PTO time as a result.

Result

The jury found that Teu was negligent and his negligence was a substantial factor in causing harm to Khan and El-Hosseiny. The jury awarded Khan $325,365 and El-Hosseiny $118,980. They awarded each plaintiff all of their past medical costs; Khan was awarded $7,000 in future medical costs based on the testimony of her doctor that she could benefit from further epidurals and physical therapy. Both plaintiffs were awarded past lost earnings. Most of the award came in the form of past and future pain and suffering.

Deliberation

1.5 days

Length

7.5 days