Michael Stokes v. Kiran Patel, Kishor Patel
Published: May 3, 2005 | Result Date: Dec. 8, 2004 | Filing Date: Jan. 1, 1900 |Case number: 02AS06680 Verdict – $50,000
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Makram Samaan
(medical)
Allen Hassan
(medical)
Defendant
Michael G. Klein
(medical)
Facts
In December 2001, plaintiff Michael Stokes, a cell phone salesperson in his 30s, was shopping at a store in Sacramento. Defendant Kiran Patel attempted to pull into a parking space in the store's parking lot. The defendant accidentally hit the accelerator instead of the brake and drove his midsize Toyota through the store's front window and into the store. The plaintiff was hit by something that knocked him into the counter by the register which caused him injury. The plaintiff sued defendant and his brother Kishor Patel, the owner of the Toyota, for negligence. He claimed the defendant negligently operated the vehicle. The defendants did not dispute liability, but contested the nature and extent of plaintiff's injuries.
Settlement Discussions
The plaintiff made a demand of $19,000; defendants' offer was $10,000.
Damages
The plaintiff claimed medical expenses of $15,146. He sought unspecified non-economic damages.
Injuries
The plaintiff claimed he suffered soft-tissue injuries to his lumbar and cervical spine, and cuts, bruises and headaches. The plaintiff had six months of chiropractic care. An MRI showed some minor herniation in his lower back. The plaintiff claimed he developed post-traumatic stress disorder as a result of the accident.
Result
The jury awarded plaintiff $50,000 ($15,146 past medical cost and $34,854 past pain and suffering).
Deliberation
four hours
Poll
10-2
Length
one week
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390