Case details

Plaintiff: Crash caused knee, spine and shoulder injuries





Result type

Not present

emotional distress, knee, meniscus, mental, psychological, tear
On Jan. 23, 2010, at approximately 7:30 p.m., plaintiff Mahin Mansoob-Shanjani, 45, a school aide, was driving north on Hawthorne Boulevard in Torrance, accompanied by plaintiff Nazila Samishanjani, 29, in the rear of the vehicle. As they entered the intersection with Artesia Boulevard, their vehicle was broadsided by a vehicle operated by Bret Hartt, who was traveling east on Artesia Boulevard. Mansoob-Shanjani claimed to her neck, back, right knee and right shoulder. Samishanjani, who was pregnant at the time, claimed emotional distress as a result of the accident. Mansoob-Shanjani and Samishanjani sued Bret Hartt and his brother, David Hartt, who was the owner of the vehicle. Mansoob-Shanjani and Samishanjani alleged that Bret Hartt was negligent in the operation of his vehicle and that David Hartt was vicariously liable for his brother’s actions. Mansoob-Shanjani and Samishanjani claimed that Bret Hartt ran a red light at the subject intersection while attempting to make a left turn from eastbound Artesia Boulevard onto northbound Hawthorne Boulevard. Plaintiffs’ counsel contended that there was no left turning arrow at the subject intersection, so Bret Hartt had to have run a red light and caused the collision. Bret Hartt claimed that he had a yellow light at the subject intersection and that he was proceeding straight on Artesia Boulevard, not turning left onto Hawthorne Boulevard. However, he claimed that it only appeared that he was turning left because he had swerved his vehicle in an attempt to avoid the collision. Thus, defense counsel contended that Mansoob-Shanjani was negligent for failing to check to see if the intersection was clear before proceeding into it on a green light., Two days after the accident, Mansoob-Shanjani went to her general doctor with complaints of neck, back, right shoulder and right knee pain, as well as dizziness and overall body soreness. She then followed up with an orthopedic surgeon four months after the accident and was diagnosed with soft-tissue strains and sprains, acute shoulder and knee contusions, and a possible meniscal tear. As a result, Mansoob-Shanjani treated with four months of physical therapy and pain medication. Mansoob-Shanjani claimed she was restricted during her recovery, requiring a lot of rest, and that she was prohibited from exercise and other strenuous activity. However, she claimed her are now mostly resolved. Thus, Mansoob-Shanjani sought recovery of $10,015 in past medical costs and an unspecified amount of damages for her pain and suffering. Samishanjani claimed the accident made her very distraught over her pregnancy, since she experienced an amniotic fluid leak and feared a premature pregnancy. Thus, she sought recovery of general damages for the emotional distress she suffered as a result of the accident. Defense counsel contended that Mansoob-Shanjani’s knee injury was pre-existing and not causally related to the accident. Counsel also contended that Mansoob-Shanjani’s remaining were minor and have resolved. As for Samishanjani, defense counsel contended that she did not suffer any emotional distress from the accident.
Superior Court of Los Angeles County, Los Angeles, CA

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