This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Premises Liability
Negligent Maintenance

Abolghas Nickdad and Forooze Hamedi v. Edifice Construction, et al.

Published: May 2, 1998 | Result Date: Mar. 20, 1998 | Filing Date: Jan. 1, 1900 |

Case number: LC033596 Verdict –  $0

Judge

Richard A. Adler

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Steven L. Watkins


Defendant

Nancy A. Martin

Thomas J. Samaha

Robert F. Flagg


Experts

Plaintiff

Wallace Van Allen
(technical)

Shawn Omrani
(medical)

Massoud Shahriari
(technical)

Jim Ayach
(technical)

Defendant

Roy Scott Hickman
(technical)

John A. Dracup
(technical)

Facts

In March 1995, during a then-record rainstorm, plaintiff driver Abolghas Nickdad, with plaintiff passenger Forooze Hamedi, drove Nickdad's 1995 Lexus into a portion of the driveway at Encino Villa Espana where he had resided for the past two years. The water entered the engine intake, and the vehicle and its contents were a total loss. Plaintiff Nickdad sustained no injuries. Plaintiff Hamedi claimed post-traumatic stress disorder leading to a fear of driving in the rain. Plaintiff Hamedi first sought psychiatric treatment in January 1998, two months before the trial commenced on March 3, 1998. The plaintiffs brought this actions against the homeowners' association and the construction company providing earthquake repairs based on a negligence theory of recovery.

Settlement Discussions

The plaintiffs made a C.C.P. º998 settlement demand for $165,000 (plaintiff Nickdad); $65,000 (plaintiff Hamedi). The defendants made a C.C.P. º998 offer of compromise for $5,0001 (plaintiff Nickdad) and $1,001 (plaintiff Hamedi)

Specials in Evidence

$16,000 (plaintiff Hamadi) $16,000 (plaintiff Hamadi)

Damages

The plaintiffs claimed personal property damage to Lexus of $42,000, and the contents of the Lexus at $7,000.

Injuries

The plaintiffs alleged emotional distress. Plaintiff Hamedi claimed post-traumatic stress disorder (PTSD).

Other Information

The verdict was reached approximately three years after the incident. The jury awarded zero damages for the Lexus; zero general damages for plaintiff Nickdad; and $16,000 general damages to plaintiff Hamedi. The jury foreman said that the $16,000 award to Hamedi was a compromise intended to allow her to obtain therapy if she wanted it. According to the foreman, seven jurors were in favor of awarding nothing, with five others in favor of awarding something.

Deliberation

2½ days

Poll

9-3

Length

three weeks


#89146

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390