Case details

Rear-ender caused concussion and heart condition: plaintiff




Mediated Settlement

Result type

Not present

brain, brain injury, chest, concussion, head, neck
On Dec. 10, 2013, plaintiff Nadia Agha, 53, a store clerk, was driving on State Route 1, also known as Cabrillo Highway, in Carmel. While her vehicle was stopped, it was rear-ended by a vehicle operated by Steven Harris. Agha claimed to her head, neck, back and chest. Plaintiff Fadia Al Hawash, a passenger in Agha’s vehicle, also claimed . Agha and Al Hawash sued Harris, alleging that Harris was negligent in the operation of his vehicle. Harris accepted liability, and his insurer tendered its $100,000 policy. Al Hawash settled out of the case, but Agha sought further recovery via the supplementary-underinsured-motorist provision of her own insurance policy, which was administered by Nationwide Mutual Insurance Co., Agha suffered a concussion, a chest contusion, and soft tissue of her neck and back. She also claimed, in both the case against Harris and against Nationwide, that she sustained an injury of her heart. Agha was driven from the scene directly to a hospital, where she was treated and released. She then underwent physical therapy, was prescribed medication, and had neurology expert consultations for her concussion and of her neck and back. Four months after the accident, Agha was diagnosed with a type-B aortic dissection, which she claimed was caused by the accident. She had cardiologist consultations and medical management. Agha claimed that her aortic dissection is permanent and that she will require a lifetime of medical management. She also claimed that will possibly require surgery on her heart. Agha sought recovery of $92,200 in past adjusted medical costs, $35,000 in past wage loss and $770,000 to $960,000 in future medical costs. She also sought recovery for her alleged future impaired earning capacity, and for her past and future pain and suffering. Harris and Nationwide’s counsel both maintained that Agha’s aortic dissection was not caused by the incident.
Superior Court of Monterey County, Monterey, CA

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