Case details

Plaintiff claimed attack caused permanent facial injuries

SUMMARY

$1025000

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
face, fracture, head, nerve, neurological, nose, temporomandibular joint, TMJ
FACTS
On Sept. 27, 2010, plaintiff Dhafir Yousif was invited to the Prestige Club, a local Chaldean social club in El Cajon, by the club’s off-the-book’s co-owner, Namrood Jabo. Upon arriving at the club, Yousif was attacked and beaten about the face by Ghazwan Yousif Dawood, resulting in several facial . Yousif sued Dawood and Peter Gibo, who is the official owner of the Prestige Club, also doing business as The Prestige Banquet Hall. Yousif also sued the landlords of the plaza where the Prestige Club is located, Amira Najor, George Najor, and Mashe Sherme LLC. Yousif alleged that Dawood’s actions constituted assault, battery and intentional infliction of emotional distress. He further alleged that the remaining defendants were negligent for the dangerous condition due to their inadequate security and failure to warn. Yousif claimed that Dawood had originally come to him with copies of returned checks, asking if he knew of a collections attorney that could help him. Yousif claimed that when he was unable to help Dawood, the defendant accused him of stealing the checks, which led to the planned assault against him on Sept. 27, 2010. Plaintiff’s counsel contended that Gibo was involved in the prior negotiations between Yousif and Dawood, and knew of the threats Dawood made before the attack, but did not warn Yousif of the impending danger. Prior to trial, Gibo, the Najors and Mashe Sherme agreed to a $50,000 settlement with Yousif, which was paid by Gibo’s insurer. In addition, plaintiff’s counsel was able to establish liability through discovery sanctions, and the matter proceeded to a bench trial on damages against Dawood only., Yousif sustained a fractured nose, as well as facial contusions and abrasions, as a result of the attack. He was subsequently taken from the Prestige Club by ambulance and brought to an emergency room. Yousif was later diagnosed with facial neuropathy and traumatic trigeminal neuralgia,a chronic pain condition that affects the trigeminal nerve, which carries sensation from the face to the brain. In addition, he claimed associated hearing and vision problems, which later resolved. Yousif treated with a neurologist and pain management specialist for his neuralgia/neuropathy, and has been on pain medication since the incident. He also treated with a maxillofacial surgeon, due to mild temporomandibular joint pain that was allegedly caused by his neuropathy. In addition, he consulted with a plastic surgeon about his nose, which he claimed is now asymmetrical and requires future nose surgery to correct a breathing problem. Despite treatment, Yousif claimed that he will have permanent pain and numbness in his face due to his neuralgia/neuropathy, and that it is unlikely decompression surgery will help the condition. He also claimed that, along with eating, he has difficulty exercising, running and playing soccer, since it hurts his face. Thus, Yousif sought recovery of $12,204 in past medical costs; $175,000 in total medical costs, including future care and surgery; $500,000 in pain-and-suffering damages; and $500,000 in punitive damages. Dawood’s counsel argued that Yousif was not seriously injured, and that he was exaggerating his pain and other symptoms. Counsel also argued that Yousif’s ongoing medical treatment was established by his attorney to prepare for litigation, and that Yousif was not entitled to any punitive damages.
COURT
Superior Court of San Diego County, El Cajon, CA

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