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Personal Injury
Auto v. Auto
Negligent Entrustment

Victor Masarweh as Guardian Ad Litem for Reesha Masarweh, a minor, and Pierre Masarweh, a minor v. Parissa Abtahi, Yassamin Abtahi, Leticia Silva-Abtahi

Published: Sep. 30, 2006 | Result Date: Jun. 16, 2006 | Filing Date: Jan. 1, 1900 |

Case number: TY 52361 Verdict –  $5,525

Court

San Joaquin Superior


Attorneys

Plaintiff

John E. Doherty


Defendant

Shafeeq Sadiq
(Sadiq Law Firm)


Experts

Plaintiff

Donald Ringer
(medical)

Facts

Plaintiffs Reesha and Pierre Masarweh are siblings. In December 2004, the plaintiffs were in high school, and one day, decided not to go to school. Their friend, defendant Parissa Abtahi, joined them. At the time, the defendant was 16 and had a provisional drivers license. Per her license, the defendant was not allowed to drive with passengers under 18 when no adults were present. Nevertheless, the defendant drove her family car with the plaintiffs inside. When the defendant missed a highway exit, she abruptly turned the steering wheel, which caused the car to spin and collide into the center divider. Because the road was slippery, the car spun back to the other side of the highway.

The plaintiffs brought an action against the defendant, claiming motor vehicle negligence. The defendant admitted liability, but preserved the right to assert that the plaintiffs were contributory negligent for yelling instructions while the defendant was driving.

Specials in Evidence

$4,711 (Reesha); $3,980 (Pierre)

Injuries

The plaintiffs sustained, among other injuries, headaches, dizziness, and neck and shoulder pain. Both underwent treatment with a chiropractor.

Result

The jury found for the plaintiffs, and awarded plaintiff Reesha $3,125 and plaintiff Pierre $2,400. The defendant was relieved from paying out the verdicts, as the awards were lower than the amount paid by the defendant's med pay insurance policy.

Deliberation

one hour

Poll

12-0 (causation), 12-0 (damages)

Length

two days


#99840

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