Case details

Plaintiff struck in intersection sustained head injuries





Result type

Not present

anxiety, blunt force trauma to the head, brain, brain injury, bulging disc, cerebral, cervical, cognition, coma, depression, diffuse axonal brain injury, edema, face, facial, fracture, from tachycardia, frontal lobe contusion, head, headaches, impairment, insomnia, mental, multi-system blunt trauma, neck, nerve, neurological, nose, pain, psychological, pulmonary, respiratory, sinus, skull, skull fracture, subarachnoid hemorrhage, subdural hematoma, traumatic brain injury
On May 16, 2013, plaintiff Nilufa Khatun, 32, a gas station clerk, was walking across the intersection of Riverside Drive and Vineland Avenue, in Studio City, when she was struck by a 1995 BMW driven by Harold Monsher. Khatun sustained severe bodily . Khatun sued Harold Monsher and the owner of the vehicle, Harold’s brother, Mel Trevor Monsher. Khatun alleged that Harold Monsher was negligent in the operation of the BMW and that Mel Monsher was vicariously liable under a theory of agency. Khatun initially also sued the believed maintainers of the intersection, the city of Los Angeles and the California Department of Transportation. However, the city and Caltrans were ultimately dismissed from the case. The Monshers denied liability. On the agency issue, the Monshers admitted in deposition testimony, and in responses to requests for admission, that Harold Monsher was acting as Mel Monsher’s agent. However, Mel Monsher later amended the admission, and the court set the original admission aside. However, in a summary adjudication of issues, the court in favor of Khatun on the agency issue. Defense counsel did not argue any negligence on the part of Khatun., Khatun sustained multi-system blunt trauma, resulting in a traumatic brain injury. She subsequently lost consciousness at the scene and was in coma. Khatun was taken by ambulance to an emergency room and placed on life support. She remained hospitalized for 19 days, with a 7 on the Glasgow Coma Scale and a GAF (global assessment of functioning) score of 50. It was determined that Khatun suffered from tachycardia; a severe right temporal contusion; a parietal skull fracture; a tentorial and infratentorial subdural hematoma; a traumatic subarachnoid hemorrhage; a facial fracture; a C5-6 disc bulge with ligamentous damage; a posterior corpus callosum cerebrovascular accident (CVA); right frontal/temporal lobe contusions; a diffuse axonal injury in the splenium of the corpus callosum, a right temporal intraparenchymal hemorrhage; a small subdural blood clot along the falciform sinus; a fracture of the left zygomatic bone, greater sphenoid bone and orbital roof; a traumatic subarachnoid bleed; acute respiratory failure; a cerebral edema; a cerebral contusion; a minimally displaced, posterior, side orbital wall facture; a nondisplaced left lateral orbital wall fracture; atelectasis (collapse) in the left lung base; left cerebello-pontine subdural blood collections; and multiple abrasions. Khatun claimed that after being discharged from the hospital, she continued to suffer headaches and persistent left-sided weakness. She also claimed that due to traumatic brain injury, she suffers from seizures, a cognitive disorder, personality changes, and a mood disorder that included depression and anxiety. She further claimed that she suffers from insomnia, dizziness, dysgeusia (persistent abnormal taste or change in taste), and anosmia (loss of sense of smell). Khatun alleged that due to her seizures and daily headaches, she would have to take anti-seizure medication for the rest of her life. Thus, Khatun contended that her gross medical charges amounted to $781,872, but were reduced to $239,104 through Medi-Cal adjustments. She also sought recovery for her future medical costs and recovery of damages for her past and future pain and suffering. Her husband, plaintiff Lutfor Rahaman, 30, a convenience store clerk, presented a derivative claim, seeking recovery of damages for hiss loss of consortium.
Superior Court of Los Angeles County, Los Angeles, CA

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