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
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
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
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