Case details

Pedestrian struck in crosswalk claimed need for future surgeries





Result type

Not present

fracture, leg, wrist
On March 4, 2017, plaintiff Ali Mirshafii, 64, a consultant, was walking within a marked crosswalk at the intersection of Anaheim Hills Road and Nohl Ranch Road, in Anaheim, when he was struck by a vehicle operated by Nellie Grafton, who was attempting to make a left turn from Anaheim Hills Road onto Nohl Ranch Road. Mirshafii was knocked down and the vehicle continued over his legs. He sustained to his left leg and right wrist. Mirshafii sued Grafton, alleging that Grafton was negligent in the operation of her vehicle. Plaintiff’s counsel contended that Grafton failed to yield to Mirshafii while making the left turn. Grafton conceded liability., Mirshafii sustained multiple fractures of his left leg, including a compound, comminuted and segmental fracture of his left tibia and a fracture of his right wrist’s scaphoid bone. He also claimed he suffered a scapholunate interosseous ligament injury. Mirshafii was immediately transported by ambulance to a hospital. He ultimately underwent open reduction and internal fixation surgery to his left leg’s tibia, and open reduction and internal fixation surgery to his right wrist. Mirshafii claimed he suffered traumatic arthritis to both knees as a result of the incident. He also claimed that he suffers from post-traumatic stress disorder and that he requires treatment/counseling for his PTSD. He further claimed that the scapholunate interosseous ligament injury resulted in nonunion of the scaphoid fracture and that as a result, he will eventually require a right wrist fusion. In addition, Mirshafii claimed that he will eventually need additional treatment and surgery, such as a hardware removal operation to his left tibia, knee replacements, and treatment to revise the scarring caused by the collision and surgeries. Mirshafii sought recovery for his past and future medical expenses, and past and future pain and suffering. His wife, Giti Mirshafii, presented a derivative claiming, seeking recovery for her loss of consortium. Defense counsel conceded that Mr. Mirshafii suffered fractures to his left leg and right wrist. Counsel also conceded that all of the past treatment that Mirshafii had received was reasonable and necessary and that the past medical expenses that Mirshafii incurred was reasonable. However, defense counsel argued that Mirshafii did not suffer any knee in the collision or suffer from nonunion of the scaphoid bone in the right wrist. Counsel also argued that Mirshafii did not need further medical treatment, except for a hardware removal surgery.
Superior Court of Orange County, Orange, CA

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