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Personal Injury (Non-Vehicular)
Assault and Battery
Respondeat Superior

Yahya Eshaghian, Saman Eshaghian, Nahid Afram v. Mousa Ghodsi, Peyman Ghodsi, Syrus 26 Inc, Babak Nehorai

Published: Dec. 9, 2000 | Result Date: Oct. 31, 2000 | Filing Date: Jan. 1, 1900 |

Case number: BC188545 Verdict –  $8,225,000

Judge

David L. Minning

Court

L.A. Superior Central


Attorneys

Plaintiff

Louis J. Cutrone

Robert S. Shtofman
(Law Offices of Robert S. Shtofman )


Defendant

Sherwin C. Edelberg

Claire N. Espina
(Espina Lawyers APLC)


Experts

Plaintiff

Edward Gabriel
(medical)

Ali Azizi
(medical)

Edward Black
(medical)

Mehrdad Makhani
(medical)

Sheila Moore
(medical)

Moosa Khohanim
(medical)

Usrah Hirari
(medical)

Christian Rios
(medical)

Facts

Yahya Eshaghian, a 52-year-old garment store owner, and his son, Saman Eshaghian, 20, alleged that they were
beaten up at their store by neighboring store owners, Mousa Ghodsi and his son, Peyman Ghodsi, while their
friend and store owner Babak Nehorai held Saman Eshaghian, threw him to the ground and kept him pinned.
As Nehorai held Saman Eshaghian, Mousa Ghodsi and Peyman Ghodsi threw Yahya Eshaghian to the ground
and repeatedly kicked him.
The defendants contended that the plaintiffs started the fracas, that Peyman Ghodsi was simply defending his
father and that Babak Nehorai was trying to break up the fight.

Settlement Discussions

Yahya Eshaghian made a pretrial C.C.P. Section 998 demand for $500,000. Saman Eshaghian made a pre-trial C.C.P. Section 998 demand for $37,500. Nahid Afram made a pre-trial C.C.P. Section 998 demand for $50,000. During trial, the defendants made a global settlement offer of $50,000.

Damages

Phase I: Yahya Eshaghian sought compensatory damages of $2 million. Saman Eshaghian sought compensatory damages of $500,000. Nahid Afram sought damages for loss of consortium of $1 million.

Injuries

Yahya Eshaghian suffered maxillary anterior alveolar fracture, displacement of a mouth causing loss of five additional teeth and a fractured pelvis at two locations. Saman Eshaghian suffered minor physical injuries, severe emotional distress and post-traumatic stress disorder requiring prescription medication. Nahid Afram suffered loss of consortium.

Other Information

PLEASE PROVIDE THE CITY OF LOCALE OF EXPERTS: Moosa Khohanim _____________, Edward Black ___________, Mehrdad Makhani ____________, Edward Gabriel ___________, Sheila Moore _____________, Ali Azizi _____________, Christian Rios __________, Usreh Hirari _______________

Deliberation

9.5 days (Phase I), 1 day (Phase II)

Poll

12-0 (Phase I), 11-1 (Phase II, Mousa Ghodsi), 11-1 (Phase II, Peyman Ghodsi), 10-2 (Phase II, Babak Nehorai)

Length

19 days


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