Case details

Plaintiff: Truck driver crossed double yellow line, causing crash





Result type

Not present

brain, brain damage, shoulder, traumatic brain injury
On May 5, 2015, plaintiff Shahin Pourbayat, 31, a registered nurse, was driving north on State Route 113, in an unincorporated area of Sutter County. His vehicle was struck nearly head-on by a truck operated by Jacob Duffey, who was traveling south on State Route 113. Pourbayat sustained to his head, neck, back, a shoulder and a knee. Pourbayat sued Duffey and Duffey’s employer, Garden Highway Mutual Water Co. Pourbayat alleged that Duffey was negligent in the operation of his vehicle and that Garden Highway Mutual Water Co. was vicariously liable for Duffey’s actions while driving in the course and scope of his employment. Pourbayat claimed that Duffey unsafely crossed the double yellow line, causing the collision. Pourbayat’s counsel also noted that the investigating police officer determined that Duffey was solely at fault for the collision. Defense counsel initially contended that Pourbayat crossed the double yellow lines, causing the collision. In the alternative, counsel asserted that Pourbayat was distracted while driving and that had Pourbayat been paying attention, Pourbayat would have been able to see Duffey swerve into his lane and avoid the collision. Garden Highway Mutual Water Co. claimed that Duffey was not in the course and scope of his employment at the time of the accident., Pourbayat sustained a traumatic brain injury, as well as to his neck, back, a knee and a shoulder. He was immediately taken to a hospital, and ultimately underwent surgeries on his injured knee and shoulder. Pourbayat sought recovery for his past and future medical costs, and past and future pain and suffering. Defense counsel asserted that Pourbayat’s physical healed and that Pourbayat’s psychological after-effects were greatly exaggerated. Counsel also asserted that neuropsychological testing showed that Pourbayat was malingering.
Superior Court of Sutter County, Sutter, CA

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