Pablo Mendenilla v. Mohamed Elassali, Luxor Cab Company Inc.
Published: Dec. 1, 2007 | Result Date: Jul. 17, 2007 | Filing Date: Jan. 1, 1900 |Case number: CGC-06-454031 Settlement – $32,500
Facts
In August 2005, plaintiff Pablo Mendenilla was riding his bicycle in San Francisco. He suddenly struck the open door of defendant Mohamed Elassali's parked taxicab. The defendant had opened the door to exit the cab. The plaintiff fell off his bicycle. He claimed he was in the bicycle lane at the time of the accident, and sued defendant and Luxor Cab Company Inc., the owner of the cab. According to plaintiff, defendant was negligent and defendant Luxor was vicariously liable for defendant's actions. Defendant Elassali, an independent contractor, was dismissed from the action. During mediation, defendant Luxor did not deny liability.
Specials in Evidence
$20,000
Damages
The plaintiff claimed $150,000, the bulk of which covered past and future pain and suffering.
Injuries
The plaintiff suffered from soft-tissue injuries to his neck and back, which required physical therapy treatments and chiropractic manipulation. The defendant argued that the chiropractic treatment was not connected to the accident.
Result
The parties settled for $32,500, which was designed to compensate plaintiff for the diagnostic testing he underwent, and his pain and suffering.
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