Abdulla Alamri, Karima Mused Abdulla, Hilah Abdulla, Asma Abdullah Abduwali v. Shirley McCloskey
Published: Jun. 12, 2010 | Result Date: Apr. 26, 2010 | Filing Date: Jan. 1, 1900 |Case number: RG07359857 Verdict – $35,735
Court
Alameda Superior
Attorneys
Plaintiff
Joseph S. May
(Law Office of Joseph S. May)
Arnold I. Berschler
(Berschler Associates PC)
Defendant
Experts
Plaintiff
Carol Glann
(medical)
Paul Bayard
(medical)
Mersedeh Eghdami
(medical)
Defendant
Michael Sutro
(medical)
Facts
On Dec. 17, 2005, plaintiff Karima Abdulla and her two minor children, Hilah Abdulla and Asma Abduwali, were passengers in a vehicle driven by Moshed Mused in Oakland that was involved in a car accident with a vehicle operated by defendant Shirley McCloskey. Mused's car lost control as a result of the collision and collided with a traffic control pole in the intersection of Broadway and Eight Street. Plaintiffs sued McCloseky.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed McCloskey ran a red light and was thus negligent in operating her car.
DEFENDANT'S CONTENTIONS:
McCloskey claimed plaintiffs were comparatively liable for the incident.
Settlement Discussions
Plaintiffs demanded $59,000. McCloskey offered $27,000.
Specials in Evidence
Abdullah claimed $3,743 in medical bills and $1,500 for home care. Asma claimed $2,236 in medical expenses. Hilah claimed $1,904 in medical expenses.
Damages
Plaintiffs claimed $9,000 in past pain and suffering and $4,000 in future pain and suffering.
Injuries
Abdulla claimed she underwent chiropractic treatment and required in-hosue assistance as a result of the incident. Asma also required chiropractic and physical therapy and now has a fear of riding in cars. Hilah was treated in an emergency room and needed eight chiropractic therapy treatments.
Result
The jury found for plaintiffs, awarding them $35,735: $21,647 for Abdullah, $7,184 for Asma, and $6,904 for Hilah.
Other Information
Plaintiffs intend to seek $23,000 in attorney fees due to defendant's denial that she ran the red light, pursuant to CCP 2033.420.
Deliberation
four hours
Length
eight half-days over two weeks
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