Motor Vehicle
Plaintiffs claimed rear-ender caused their respective injuries
| (P) $444,345.00 | |
| Rear-ender, Motor Vehicle - Multiple Vehicle | |
| Hussam El-Hosseiny and Nyla Khan v. Paul William Teu, Fatafehi Teu and Does 1 to 25, No. RG11560155 | |
| Superior Court of Alameda County, Oakland, CA | |
| Jon S. Tigar |
|
| 11-28-2012 |
- Karine Bohbot; Bohbot & Riles, LLP; Oakland, CA, for Hussam El-Hosseiny, Nyla Khan
- None
- Ira J. Spratley; Law Offices of Mark T. Lobre; San Francisco, CA, for Paul William Teu, Fatafehi Teu
- James Glick M.D.; Orthopedic Surgery; San Francisco, CA called by: Ira Spratley
- Ronald Roberts M.D.; Neuropsychology; San Francisco, CA called by: Ira Spratley
- Mark Strassberg M.D.; Neuropsychiatry; San Francisco, CA called by: Ira Spratley
On Nov. 1, 2009, plaintiff Hussam El-Hosseiny, 29, a bartending student, was operating a silver 2006 Infinity, owned by the front seat passenger, plaintiff Nyla Khan, 26, an operations pricing analyst for Apple. The Infinity was stopped at a red light on Alvarado Boulevard at the corner of Merganser Drive in Fremont. When the light turned green, El-Hosseiny lifted his foot off the brakes to proceed toward the intersection, when the vehicle was rear-ended by a white Chevrolet Silverado pickup truck operated by Paul Teu, who fell asleep at the wheel and subsequently rear-ended the Infinity at a speed estimated to be 50 to 60 mph. Both El-Hosseiny and Khan claimed injuries from the accident.
El-Hosseiny and Khan sued Paul Teu and the owner of the Silverado, Paul Teu's mother, Fatafehi Teu. They alleged that Mr. Teu was negligent in the operation of the pickup truck and that his mother was vicariously liable for her son's actions.
The Teus conceded liability.
El-Hosseiny was taken by ambulance to Eden Medical Center, where he remained for six hours. He claimed pain to his upper and middle back, neck, right thigh and right knee. El-Hosseiny was told to follow up with his family doctor and was prescribed pain medication. He subsequently sought treatment at Emeryville Chiropractic. Thus, El-Hosseiny claimed medical bills of $13,460.83.
El-Hosseiny had been attending bartending class and his final day was set on the day of the subject accident. He alleged he had bartending job set to begin on Nov. 30, 2010, and he was expected to work 32 hours per week. Thus, El-Hosseiny claimed he suffered a loss of wages from not being able to work at his future job as a bartender at Kirby's Bar and Grill in Fremont while he was injured.
Khan was taken via ambulance to the emergency room at Eden Medical Center in Castro Valley. She sustained a mild traumatic brain injury, whiplash and a loss of consciousness at the time of impact. She also alleged pain to her right arm, neck, lower and mid-back, both shoulders, head and back of the head, right hip, and right leg. In addition, she claimed memory loss. Khan was subsequently prescribed medications, including Flexeril, was given one epidural injection in her neck. She claimed she was still continuing with physical therapy at the time of trial.
Khan claimed that the pain in her neck and right shoulder was still present at the time of trial. She also complained of recurring headaches and continuing issues with her memory. Khan claimed medical bills of $50,746.92 and damages due to a loss of wages from a job in which she worked 40 to 50 hours per week.
Defense counsel contended that both plaintiffs sustained soft-tissue complaints, which should have resolved within six to eight weeks for El-Hosseiny and no more than three months for Khan.
The jury found that Mr. Teu was negligent, and that his negligence was a substantial factor in causing harm to Khan and El-Hosseiny. Thus, the jury awarded Khan $325,365 and El-Hosseiny $118,980. However, El-Hosseiny was not awarded damages for any future medical expenses.
Hussam El-Hosseiny
$13,460 Personal Injury: Past Medical Cost
$5,520 Personal Injury: Past Lost Earnings Capability
$75,000 Personal Injury: past non-economic loss, including physical pain and mental suffering
$25,000 Personal Injury: future non-economic loss, including physical pain and mental suffering
Nyla Khan
$53,365 Personal Injury: Past Medical Cost
$7,000 Personal Injury: Future Medical Cost
$5,000 Personal Injury: Past Lost Earnings Capability
$200,000 Personal Injury: past non-economic loss, including physical pain and mental suffering
$60,000 Personal Injury: future non-economic loss, including physical pain and mental suffering
This report includes information that was gleaned from court documents and an interview of plaintiffs' counsel. Defense counsel did not respond to the reporter's phone calls.
