Case details

Injuries from crash affected ability to care for daughter: suit




Mediated Settlement

Result type

Not present

back, bulging disc, cervical, disc protrusion, lumbar, neck, neurological, radiculopathy
On Nov. 11, 2009, plaintiff Nahid Ashouri, homemaker in her 40s, stopped for a red light on westbound Saticoy Street, at the intersection with Shoup Avenue in Canoga Park, when she proceeded forward on a green light and was rear-ended by a vehicle operated by Bibi Christoff, who was traveling at 15 mph. As a result, Ashouri’s vehicle impacted the vehicle in front of her. Ashouri claimed to her neck and back. Ashouri sued Christoff and the owner of Christoff’s vehicle, Edwin Stankiewicz. She alleged Christoff was negligent in the operation of her vehicle and that Stankiewicz was vicariously liable for her actions. Christoff and Stankiewicz admitted liability for the accident., Ashouri was taken from the scene of the accident by ambulance and brought to an emergency room. She then followed up with an orthopedist and underwent MRIs of her neck and lower back, which revealed a cervical disc protrusion at C5-6, as well as an exacerbation of a lumbar disc bulge at L4-5. Ashouri subsequently received chiropractic and osteopathic care, three times a week, through March 2010. Ashouri claimed that she still experiences residual neck pain, radiating to her right arm and shoulder, and residual lower back pain, radiating to her left leg and buttocks. She alleged that her physical condition has affected her ability to adequately care for her disabled daughter, who is 21 and suffers from cerebral palsy. Ashouri claimed the process of lifting and moving her daughter exacerbates her pain and presents a real danger to both her and her daughter. In addition, a video was submitted to defense counsel and the mediator, which showed Ashouri’s daily routine caring for her daughter. The plaintiff’s medical experts recommended that Ashouri undergo physical therapy, rehabilitation, epidural injections, and possible neck and back surgery, if her didn’t resolve. Thus, Ashouri sought recovery of damages, including $30,836.90 for past medical costs and in excess of $100,000 for future medical costs. She also sought recovery of damages for her daughter’s future life care plan, with a preliminary estimate of $86,000 per year for 24-hour attendant care. Defense counsel disputed the amount of Ashouri’s medical bills, as well as her claim for future life care costs for her daughter. Counsel disputed whether or not Ashouri’s daughter would require 24-hour care and claimed that Ashouri’s husband was able to assist in the care for their daughter.
Superior Court of Los Angeles County, Van Nuys, CA

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