Facts

Mohammad Mashadi, 40-years-old, is a livery vehicles driver. While driving in San Francisco, he stopped at a red traffic signal at the intersection of Market and Polk streets. Before Mashadi could resume travel, his vehicle was rear-ended by a vehicle being driven by Max Ivey. Mashadi sued Ivey, seeking recovery of past and future medical expenses, past lost earnings, and damages for past and future pain and suffering.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that Ivey was negligent in the operation of his vehicle and forcefully rear-ended plaintiff's vehicle, resulting in serious bodily injury and other damages to plaintiff.

DEFENDANT'S CONTENTIONS: Defendant conceded liability. However, defendant contended that plaintiff did not suffer any injury of the brain, and that plaintiff's ongoing symptoms were products of plaintiff's work, which often involves prolonged periods in which he is driving a vehicle. Defense counsel also conceded that plaintiff's neck pain was related to the accident, but the defense's expert orthopedist contended that plaintiff's torn annular tissue was a degenerative condition. Defense counsel also contended that plaintiff did not require further treatment.

Injuries

Plaintiff underwent chiropractic manipulation, the administration of two painkilling injections, and underwent minor treatment for pain related to the accident. Plaintiff claimed that he suffered a protrusion and an annular-tissue tear of his L5-S1 intervertebral disk, an injury of his neck, a concussion, and brain injury. Plaintiff claimed that his brain's injury caused residual effects, including headaches, impairment of his memory, and impairment of other elements of his cognition. Plaintiff also claimed that his back and neck remained painful, that he suffered ongoing impairment of his cognition, and that he requires lifelong treatment, including chiropractic manipulation, physical therapy, psychotherapy, the administration of painkilling injections, and ablation of problematic spinal nerves. Plaintiff also claimed that his injuries prevented his ability to work for about three months.

Result

The jury awarded plaintiff $52,800 in damages (past medical costs: $18,800; past lost earnings: $16,000; past pain and suffering: $18,000).

Deliberation

1 hour

Length

9 days