Hadi Seyed Hedayati v. Maria Whitesell, Sean Whitesell
Published: May 8, 2020 | Result Date: Feb. 27, 2020 |Case number: BC668944 Verdict – Defense
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Scott A. Kennedy
(Law Offices of Burg & Brock)
Defendant
Heather M. Roth
(Mark Weiner & Associates)
Facts
Hadi Hedayati was riding his bicycle on Ohio Avenue near Westwood Boulevard as Maria Whitesell turned right on Westwood to enter the Bristol Farms parking lot. The two collided and Hadi subsequently sued Maria Whitesell and Sean Whitesell, the co-owner of the vehicle.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant caused the collision by negligently operating her vehicle and failing to check her surroundings before making an unsafe turn. Plaintiff also contended that defendant caused injuries to plaintiff's back and shoulder that required surgery.
DEFENDANT'S CONTENTIONS: Defendant contended that she had the right-of-way and was travelling at a speed less than 5mph when plaintiff collided with her vehicle. Defendant further contended that plaintiff was not paying attention to his surroundings and, as a result, collided into the right rear quarter panel after defendant had entered the Bristol Farms parking lot. Defendant also contended that plaintiff exaggerated the nature and extent of his injuries, and further contended, through expert testimony, that plaintiff's claimed injuries and subsequent surgery were not a result of the collision.
Damages
Plaintiff sought $56,851.02 in past medical costs.
Injuries
Hedayati claimed he underwent arthroscopic surgery, sub cranial decompression, bursectomy, debridement and a synovectomy.
Result
The jury found that defendant was negligent but that her negligence was not the legal cause of plaintiff's injuries.
Deliberation
47 minutes.
Length
four days
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