Facts

On June 20, 2007, at approximately 10:40 p.m., plaintiff Leonid Fridman, a 70-year-old non-English speaking Russian emigre, was taking his nightly walk near his apartment complex in Irvine. As he approached the corner of Lake Street and Barranca, he pressed the pedestrian crossing button. The intersection at Lake Street and Barranca is controlled with flashing lights embedded in the roadway. After pressing the crosswalk button, and while the embedded lights were flashing, Leonid began to cross Lake Street in the marked crosswalk. While crossing the street, plaintiff was struck by a Ford Windstar cab driven by defendant Mohammed Karim, a Bangladeshi emigre also with limited English proficiency.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant was negligent in the operation of his motor vehicle thereby causing the accident. According to plaintiff's counsel, as Leonid crossed the street in the marked crosswalk, defendant's vehicle appeared suddenly and without warning. Defendant struck plaintiff as defendant drove the cab in the course and scope of his employment with A White and Yellow Cab Company. After hitting the plaintiff, Karim was cited for hit and run after he left the scene of the accident. Upon questioning by the police, defendant denied that he struck the plaintiff. Only upon further questioning and physical examination of his vehicle by the police authorities did defendant admit that he struck plaintiff.

DEFENDANT'S CONTENTIONS:
Defendant contended that he was not negligent in driving his cab and that the collision occurred as the result of a miscommunication between plaintiff and defendant. According to the defense, defendant Karim slowed his Ford Windstar to a stop as Fridman was crossing the intersection. Fridman motioned Karim to pass but due to miscommunication, both plaintiff and defendant proceeded, and Karim inadvertently hit Fridman at low speed. Upon hitting plaintiff, Karim picked Fridman up and drove him home. At home, Fridman called the police. Defendant did not commit and was never cited for hit and run. Furthermore, Karim was an independent contractor and not an employee with A White and Yellow Cab Company.

Specials in Evidence

$130,053.

Damages

Tatyana Fridman, the plaintiff's wife, brought a loss of consortium claim.

Injuries

Plaintiff claimed blunt abdominal trauma, blunt chest trauma, right knee fracture, torn anterior cruciate ligament and lateral meniscus.

Result

The case settled for $350,000 after a mediation before Troy Roe at Judicate West.