Nicholas Joseph Stellate v. Federal Express Corporation, Tina Yap Malia, and Does 1-50
Published: Dec. 31, 2016 | Result Date: Nov. 9, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC536881 Verdict – Defense
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Brett C. Drouet
(Law Offices of Jacob Emrani)
Defendant
Thomas B. McNutt
(Youngerman & McNutt LLP)
Facts
Nicholas Stellate sued Federal Express Corp. and Tina Malia Yap in connection with an incident that allegedly occurred on Feb. 23, 2013 in a construction zone on Wilshire Blvd. in Los Angeles.
Contentions
PLAINTIFF'S CONTENTIONS:
Defendant allegedly collided with plaintiff's vehicle as he exited the construction zone and merged into the roadway. Plaintiff sustained injuries as a result and sued defendant driver and her employer for negligence and vicarious liability. Defendant driver allegedly failed to yield to traffic, thereby causing the collision.
DEFENDANT'S CONTENTIONS:
Defendant disputed plaintiff's claimed injuries and contended that his complaints were caused by pre-existing issues and not by the crash.
Damages
Stellate sought damages between $40 million and $45 million.
Injuries
Stellate injured his spine and tore the meniscus in his right knee. He also sustained an injury to his private parts. He later underwent surgery on his knee and procedures in his testicles. He also received epidural injections to help alleviate the pain. He subsequently had a stimulator implanted on his spinal cord to help with the testicular pain, but to no avail. Consequently, he suffered from ongoing neck and testicular pain. Stellate also suffered from emotional distress.
Result
The jury rendered a verdict in favor of the defense.
Other Information
FILING DATE: Feb. 19, 2014.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390