Facts

In August 2003, plaintiff Shaheed Ansarullah was driving on Richmond Street toward Moser Lane in El Cerrito. Defendant Kapil Sharma, who was driving down the hill on Moser Lane, struck plaintiff. Plaintiff's minor nephew was a passenger in his vehicle.

Plaintiff sued, claiming negligent operation of a motor vehicle. At the time of the accident, defendant was driving a tractor-trailer cab within the course and scope of his duties to transport paving materials for defendant Double D Transportation. Accordingly, plaintiff also sued defendant Double D. In addition, plaintiff sued defendant E.J. Pires Trucking Co., the general contractor for the paving project, for vicarious liability.

PLAINTIFFS' CONTENTIONS:
Defendant had lost control of the tractor-trailer cab at the top of the hill because the brakes failed. As a result, the truck rolled down the hill and crashed into plaintiff's vehicle. The accident caused a fire that destroyed plaintiff's vehicle.

DEFENDANTS' CONTENTIONS:
Defendants conceded liability.

Specials in Evidence

Plaintiff claimed $112,080. Plaintiff had difficulty walking and was unable to carry objects as required by his profession. Plaintiff's employer terminated him because the company required a full-time employee who could work without restrictions. Plaintiff sought $71,000 in lost earnings. Defendant argued that this figure was excessive. Plaintiff claimed an unspecified sum for future lost earnings and lost earning capacity.

Damages

Plaintiff's nephew claimed an unspecified sum for emotional distress.

Injuries

Plaintiff was diagnosed with a fractured right femur and left forearm, which required fixation surgeries. He also suffered from soft tissue damage to his back and lower right leg. Plaintiff also claimed he experienced nerve pain in his left hand, right knee, neck and shoulder. He underwent physical therapy.

Result

Following a mediation conference, plaintiff received a $625,000 settlement and his nephew received a $10,000 settlement.