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Personal Injury
Auto v. Auto
Negligence

Katayoon Golpayegani v. Chloe Angelis

Published: Jan. 7, 2006 | Result Date: Aug. 1, 2005 | Filing Date: Jan. 1, 1900 |

Case number: C0401598 Verdict –  $0

Judge

Diana B. Smith

Court

Contra Costa Superior


Attorneys

Plaintiff

Merritt L. Weisinger


Defendant

Philip M. Andersen
(Philip M. Andersen & Associates)


Experts

Plaintiff

Sangeeta R. Baronia
(medical)

Defendant

Terence J. McDonnell
(medical)

Facts

In September 2002, plaintiff Katayoon Golpayegani, 38, was driving her sedan down the main aisle of a mall's upper parking lot. Defendant Chloe Angelis pulled her sedan in front of the plaintiff's car from a side aisle. The plaintiff's and the defendant's cars collided.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff sued the defendant, alleging negligence. The plaintiff claimed the defendant was driving too fast and didn't look before she entered the main aisle. An eyewitness stated that the defendant did not stop before entering the main aisle and that she was listening to loud music at the time. A security guard for the mall testified that people often drive too fast in the parking lot.

DEFENDANT'S CONTENTIONS:
The defendant asserted that she stopped at the end of the aisle before proceeding across the main aisle. She did not see the plaintiff approaching because parked cars at the end of the aisle made it difficult to see oncoming cars while pulling out.

Settlement Discussions

The plaintiff made a demand (C.C.P. Section 998) of $28,000; defendant's offer (C.C.P. Section 998) was $25,425.

Injuries

The plaintiff claimed soft-tissue injuries to her neck and back. She also claimed left carpal tunnel syndrome. Her doctors recommended she not work for eight months. The plaintiff claimed $9,000 in medical specials. She sought $37,000 in past lost wages, including $40,000 for a work promotion she missed. The plaintiff also sought $47,500 for pain and suffering damages. Her total request was $134,000. The defense disputed plaintiff's claim that she was injured in this parking lot accident.

Result

The jury returned a defense verdict and defendant was awarded $7,043 in costs.

Deliberation

25 minutes

Poll

10-2

Length

five days


#89246

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