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Personal Injury (Vehicular)
Truck Accident
Rear End Collision

Murtaza Khan v. Richard Gullikson

Published: Sep. 10, 1994 | Result Date: Aug. 18, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 222454 –  $281,860

Judge

Gary T. Friedman Jr.

Court

Kern Superior


Attorneys

Plaintiff

Al H. Jinnah


Defendant

Gregory F. Stannard


Experts

Plaintiff

Eugene Kouter
(medical)

Marshall J. Keyes
(medical)

Robert S. Cooper
(medical)

Arnold Levee
(medical)

David W. Brandes
(medical)

Defendant

Carl J. Orfuss
(medical)

Mark B. Wilson
(Klein & Wilson) (medical)

Facts

On January 14, 1992, Plaintiff Murtaza Khan, a 54-year-old book salesman, was traveling in a Chevy Van, southbound on the Interstate 5 Freeway near Bakersfield. He was traveling in the fog in the fast lane of traffic when Defendant tractor/trailer rig struck Plaintiff's van in a rear end collision.

Settlement Discussions

Defendant contends Plaintiff's demand was $750,000 and Defendant offered $40,000 to Plaintiff and $25,000 to Plaintiff's wife. Plaintiff contends its demand was $150,000.

Specials in Evidence

$18,759 (per Plaintiff) $7,800 (per Defendant) $20,000 (per Plaintiff) $10,000 (per Defendant) $110,000 (per Plaintiff) $228,000 per (Defendant)

Damages

Loss of inventory contained in Plaintiff's van $18,100.

Injuries

Concussion and unconsciousness resulting in post concussion syndrome, depression, severe hearing loss, and progressive dementia; brain damage resulting in reduced cognitive skills in both math and reading.

Other Information

A prior arbitration by Ralph McNight, Jr., resulted in a Plaintiffs' award of $40,000 to Murtaza Khan and $25,000 to his wife; trial de novo by Plaintiffs. Plaintiff's wife settled out prior to trial for $40,000.

Deliberation

1.5 days

Poll

10-2 damages, 9-3 comparative liability

Length

8 days


#99873

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