Ali Mirshafii, Giti Mirshafii v. Nellie Grafton
Published: May 22, 2020 | Result Date: Jun. 11, 2019 | Filing Date: Oct. 3, 2017 |Case number: 30-2017-00947630-CU-PA-CJC Verdict – $885,772
Judge
Court
Orange County Superior Court
Attorneys
Plaintiff
Brian J. Breiter
(Law Offices of Brian J. Breiter LLP)
Chance J. Pardon
(Law Offices of Brian J. Breiter LLC)
Defendant
Stephen C. Pasarow
(Knapp, Petersen & Clarke)
Experts
Plaintiff
Khyber Zaffarkhan M.D.
(physical medicine and rehabilitation)
Matthew J. Enna M.D.
(orthopedic surgery)
Yuki Frazier
(marriage and family therapy)
Perry Liu
(aesthetic and reconstructive plastic surgery)
Defendant
Lawrence P. Harter M.D.
(radiology)
William L. Van Der Reis M.D.
(orthopedic surgery)
Nicholas E. Rose M.D. (Not Called)
(orthopedic surgery)
Facts
On March 4, 2017, plaintiff Ali Mirshafii, 64, was walking within a marked crosswalk at the intersection of Anaheim Hills Road and Nohl Ranch Road in Anaheim when Nellie Grafton failed to yield while making a left turn. Grafton's vehicle stuck plaintiff, knocked him down, and continued over his legs.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant was 100 percent liable for the collision.
DEFENDANT'S CONTENTIONS: Defendant conceded liability.
Insurer
State Farm Mutual Automobile Insurance Company; State Farm General Insurance Company
Settlement Discussions
Plaintiff made a CCP 998 demand of $1,250,000. Defendant made a CCP 998 offer of $845,000.
Specials in Evidence
Meds: $165,560 Future Meds: $100,211
Damages
Ali Mirshaffi: past pain and suffering $300,000; future pain and suffering $300,000. Giti Mirshafii: loss of consortium $20,000.
Injuries
Plaintiff claimed that he suffered multiple fractures in his left leg including a compound, comminuted, and segmental fracture of his left tibia that required open reduction and internal fixation surgery. He also suffered a scaphoid waist fracture to his right wrist that required open reduction and internal fixation surgery. He further alleged he suffered a scapholunate ligament injury that resulted in scaphoid nonunion in his right wrist. He alleged that this would require a right wrist fusion in the future. Plaintiff also claimed traumatic arthritis to both knees that would eventually require knee replacements. He further alleged that as a result of the collision he suffers from PTSD. Plaintiff claimed future treatment needed to revise scarring caused by the collision and surgeries. Plaintiff claimed past and future medical expenses and past and future pain and suffering. Giti Mirshafii, plaintiff's wife alleged loss of consortium. Defendant conceded that plaintiff suffered left leg and right wrist fractures, that all past treatment he had received was reasonable and necessary, and that he incurred reasonable past medical expenses. Defendant asserted that no further medical treatment was needed except for a hardware removal surgery. Defendant asserted that plaintiff did not suffer any knee injuries in the collision and did not suffer from a scaphoid non-union in his right wrist.
Result
The jury rendered a verdict in favor of plaintiff for $885,772.
Deliberation
four hours
Length
seven days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390