Case details

Drivers in intersection collision each claimed right of way





Result type

Not present

back, facet syndrome, facet syndrome head, head, neck
On Feb. 6, 2011, at 2 a.m., plaintiff Kamal Barakat, 34, a limousine driver, was operating a limousine in downtown San Francisco with plaintiff Andrew Peterson as a passenger. Barakat was traveling on Sutter Street when he entered the intersection with Jones Street and collided with a taxicab operated by Johnny Hoe, who was traveling on Jones Street. Barakat claimed to his head, neck and back. Peterson claimed facet joint requiring significant past and future medical costs for his facet joint injections. Hoe was also taken by ambulance from the accident scene. Barakat sued Hoe and the owner of the cab, Fog City Cab Inc. Barakat alleged that Hoe was negligent in the operation of the cab and that Fog City Cab was vicariously liable for Hoe’s actions. Peterson filed a separate action against Barakat, Hoe and Fog City Cab. Peterson’s case was consolidated with Barakat’s case, and Peterson confidentially settled with his defendants during trial. Barakat and Hoe each claimed that they had a green light and that the other was negligent for failing to yield the right of way. Barakat’s counsel noted that neither the police nor the insurers on the parties’ property damage claims could determine who the “at fault” driver was. The insurers ultimately resolved the property damage claims by having Barakat and Hoe each assume 50/50 liability, which neither claimant was willing to accept. Hoe claimed that he entered the intersection on a yellow light and, therefore, “owned” the intersection. Thus, he claimed that Barakat was responsible for the accident and his own ., Barakat claimed that after the significant impact, he was taken to a hospital, where he claimed head, neck, and back . He also claimed he suffered from post-concussion syndrome and cervicogenic headaches, for which he is receiving facet injections. Barakat alleged that he suffers classic symptoms of post-concussion syndrome, including excessive sleeping, forgetfulness, anger, and a desire to be isolated. He also alleged that he was without medical insurance, so his medical treatment was limited, and that his financial situation added to his emotional distress. Counsel for Hoe and Fog City Cab argued that Barakat failed to meet his burden of proof and that the amount of Barakat’s alleged damages was minimal.
Superior Court of San Francisco County, San Francisco, CA

Recommended Experts


Get a FREE consultation for your case