Abdulahim Wardak v. Shawn Garrett, et al.
Published: May 31, 1997 | Result Date: May 5, 1997 | Filing Date: Jan. 1, 1900 |Case number: PC014372 – $0
Judge
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Leonard Glaser
(medical)
Defendant
Myron Koch
(medical)
Allan Keith Miller
(technical)
Facts
On July 25, 1994, plaintiff Abdulahim Wardak, a 70-year-old retired Afghan government official, was walking across the three southbound lanes of Bouquet Canyon at Festividad Drive, an uncontrolled intersection in Santa Clarita. Traffic in the No. 3 and No. 2 lanes slowed to allow the plaintiff to cross, but defendant Shawn Garrett, a 17-year-old boy driving his parents' mini-van southbound in the No. 1 lane, did not see the plaintiff crossing until it was too late to stop. The plaintiff walked, then ran across the No.1 lane when a horn was honked. The plaintiff was struck by the left front corner of the defendants' mini-van. The plaintiff brought this action against the driver and his parents based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlment demand for $100,000 (policy limits). The defendant made no settlement offers.
Specials in Evidence
$66,300 $35,000 (knee replacement)
Injuries
The plaintiff alleged he suffered a major dislocation of his left knee with ruptured anterior/posterior cruciate and medial collateral ligaments, a fractured bone in his right hand and right toe, and a nasal fracture, facial lacerations and a severe chest bruise. Knee reconstruction surgery was performed. After two weeks in the hospital, the plaintiff was transferred to a convalescent facility, but then required re-admission to the hospital due to a life-threatening pulmonary embolism. The plaintiff claimed he has recurring knee swelling and pain and needs to carry his cane with him on daily walks. The plaintiff also claimed he can no longer walk for hours as he did before the accident, and that the residual laxity makes him a candidate for total knee replacement surgery.
Other Information
The verdict was reached approximately two years and two months after the case was filed. An arbitration was held on March 10, 1996 before court-appointed arbitrator Richard Oppenheim, Esq. resulting in a $270,000 (gross) award apportioned 80 percent to the defendant, amounting to $216,000 after apportionment. Plaintiff's counsel claimed the defendants produced a surveillance tape at the close of the plaintiff's case to impeach the plaintiff's testimony, and Dr. Glaser's opinion, that he needed a cane to walk. Per defense counsel, the arbitrator said at the conclusion of the arbitration hearing that he had trouble with the defense argument that the plaintiff was contributorily negligent. Defense counsel also claimed that the holdout juror in the 11-1 verdict was a Los Angeles city attorney who said she probably would have voted for the defense verdict but she wanted more time to discuss the issues in the juror deliberations.
Deliberation
20 minutes
Poll
11-1
Length
5 days
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