Mariam Chaij and Manual Chaij v. Saehoi Corporation, a California Corporation, dba Great Wall Chinese Restaurant; Sheng C. Yeh
Published: Feb. 22, 1997 | Result Date: Feb. 5, 1997 | Filing Date: Jan. 1, 1900 |Case number: MC004462 – $0
Judge
Court
L.A. Superior Central West
Attorneys
Plaintiff
R. Rex Parris
(Parris Law)
Randolph A. Rogers
(Los Angeles County Superior Court)
Defendant
Thomas J. Dowling
(Hager & Dowling)
Experts
Plaintiff
Raman Patel
(medical)
Leslie S. Uhazi
(technical)
Defendant
Claire B. Panosian
(medical)
Facts
On Aug. 10, 1992, plaintiff Mariam Chaij, a 45-year-old restaurant owner, allegedly consumed undercooked pork that was contaminated with the trichinella parasite at defendants' Great Wall Chinese Restaurant in Lancaster. On Aug. 19, 1992, and thereafter, the plaintiff wife began to exhibit symptoms of fever, periorbital swelling, diarrhea and pain. She was seen by Dr. Patel, whose first impression was a urinary tract infection. On Aug. 26, 1992, the plaintiff wife was admitted to High Desert Hospital with fever, headache, facial swelling, distended small bowel, blood in her sputum and diarrhea. In the next couple days, her eosinophil count increased to 60 percent. On Sept. 2, 1992, a muscle biopsy was done leading to diagnosis of trichinella spiralis myositis (trichinosis). The biopsy revealed active myopathy, inflammation with encysted parasites. The plaintiffs' husband and wife, brought this action against the owners of the restaurant based on negligence, breach of warranty, strict product liability, malice, oppression and loss of consortium theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $500,000 (policy limits). The defendants made a settlement offer of compromise for $150,000.
Specials in Evidence
$50,359.02 $400 to $600 per year
Damages
The plaintiffs sought compensatory and punitive damages.
Injuries
The plaintiff wife alleged she sustained trichinosis, requiring treatment with Mebendazole and Prednisone, and hospitalization, and resulting in chronic severe headaches, muscle pain, fatigue and depression. The plaintiff wife's hospitalization was complicated by anemia, hypoprotanemia, bilateral plural effusion, anescara, internal hemorrhoids with lower gastrointestinal bleeding and an infected sub-clavian catheter. The plaintiff wife also claimed the larvae in her body remain viable for 30 years. The plaintiff husband claimed loss of consortium.
Other Information
The verdict was reached approximately four years after the case was filed. EXPERT TESTIMONY: The plaintiffs' expert testified that freezing of the pork would kill any trichinella spiralis parasites. During trial, the plaintiffs offered to waive punitive damages in exchange for a guaranteed verdict of $250,000 and later for a guaranteed verdict of $50,000. According to the defendants, during the trial, the plaintiffs' stated that "an offer in seven figures would be considered."
Deliberation
5 hours
Poll
10-2
Length
20 days
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