Marilyn Minton v. Emaun Mohamed, Zuhair Shawwa, United Towing & Transport Inc., Automobile Club of Southern California, and Does 1 through 100, inclusive
Published: Oct. 31, 2015 | Result Date: Jul. 8, 2015 | Filing Date: Jan. 1, 1900 |Case number: BC548191 Settlement – $275,000
Court
L.A. Superior Central
Attorneys
Plaintiff
Michael L. Justice
(Law Office of Michael L. Justice)
Defendant
Experts
Plaintiff
Robert C. Cohenour
(medical)
Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(medical)
John K. Tyson P.E.
(technical)
Defendant
Robert T. Wang M.D., Ph.D.
(medical)
Bryan C. Randles
(technical)
Jan Roughan R.N.
(medical)
Facts
Plaintiff Marilyn Minton filed suit against defendants Emaun Mohamed, Zuhair Shawwa, United Towing & Transport Inc., and the Automobile Club of Southern California, in connection with a motor vehicle accident in which plaintiff and defendant driver Mohamed collided.
Mohamed was working for United Towing & Transport at the time of the accident.
Contentions
PLAINTIFF'S CONTENTIONS:
On May 9, 2014, Minton was an independent 84-year-old on her way to meet her daughter for lunch when defendant Emaun Mohamed failed to yield the right of way and made a left turn in front of her vehicle. Plaintiff could not avoid the collision. The impact was so severe that plaintiff's air bags deployed, her windshield cracked, and the left side of her vehicle was completely caved in. Plaintiff needed help from police to get out of her car and she was confused and disorientated at the scene.
Plaintiff claimed that Mohamed failed to yield the right of way when he made a left turn in front of her vehicle. Plaintiff contended that she had a green light that turned to yellow after she entered the intersection.
DEFENDANTS' CONTENTIONS:
Defendants contended that plaintiff ran the red light and was the cause for the collision. An independent witness testified that plaintiff ran the red light.
Injuries
Following the accident, plaintiff was transported by ambulance to Northridge Hospital where she remained for nine days. At the emergency room, she complained of pain over her entire body but said she had specific pain in her neck, back, shoulder, chest, and had a terrible headache. Emergency room doctors also discovered that plaintiff fractured her left wrist in the accident and had extensive bruising from the seat belt and air bags. Following her release from the hospital, plaintiff was admitted to Lake Balboa Rehabilitation Center where she remained for 25 days. There, she had learned how to care for herself again, to walk again, and to cope with pain. She was later diagnosed with a traumatic brain injury. Plaintiff claimed she completely lost her independence. She claimed she was forced to move out of her second story apartment, where she previously lived alone, and moved in with her daughter. Plaintiff claimed her daughter now has to help her with the most basic of tasks including dressing, bathing, cooking, and cleaning. She claimed she is now unsteady on her feet and requires a cane or a walker to get around. She also claimed she has trouble climbing stairs without assistance and needs help getting up from a sitting position.
Result
The case settled for $275,000 following mediation. Zuhair Shawwa and the Auto Club were dismissed. The remaining defendants were insured under the same policy. United Towing & Transport's insurance carrier paid for the settlement. The gross settlement sum was paid jointly on behalf of all three defendants.
Other Information
MEDIATOR: Darrell Forgey. FILING DATE: June 9, 2014.
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