$625,000: Passenger Collects $625,000 for Injuries Resulting from Street Racing Accident
June 7, 2010
CASE DESCRIPTION: Ms. Roe was a passenger in a car driven by Parees G, which was involved in a street race with a car driven by Mohsen M, whose passenger was Arya A. Parees lost control of his vehicle and hit a wall, resulting in his death and causing severe injuries to Ms. Roe.
RESULT: $625,000 (Policy Limits Plus Personal Funds Contribution)
This litigation arose out of an incident that occurred on Monday, September 25, 2006, at approximately 8:30 p.m. That afternoon, Mohsen M and his friend Arya A picked up Ms. Roe and another girl Kara J, and went to In-N-Out Burger for dinner. There they met up with Parees G. Arya A and Parees G were talking, and challenged each other to a race. Ms. Roe and Kara got in Parees’ car, and Mohsen M and Arya A were in the other car. They headed down La Paz Road. As they neared Paseo de Valencia, reaching speeds of 80 to 90 miles per hour, Mohsen’s car had pulled ahead of Parees. At that point, Parees lost control of his car, which skidded off the road, jumped the curb, ran over fire hydrant, then smashed into a brick wall and was propelled back onto the roadway, and came to rest on its roof in the middle of La Paz Road, at the intersection with Monte Vista. Police investigation determined that Parees’ car was traveling at least 86 miles per hour when he lost control. Parees was killed in the impact. Ms. Roe, who was his passenger in the rear seat, and Kara, the front seat passenger, were taken by ambulance to Mission Community Hospital.
Mohsen and Arya initially lied to the police authorities about their role in the street race because Mohsen’s license was suspended. Arya claimed he was driving, however, after additional questioning by investigating officers of witnesses at the scene it was determined that Mohsen was the driver, and Arya the passenger. Amir A, the owner of one of the vehicles involved, is the father of Arya and was brought into the litigation under theories of negligent entrustment and ownership liability. Mohsen was arrested and charged with gross vehicular manslaughter, engaging in a speed contest, driving on a suspended license, and providing false information to a police officer. Arya was charged with conspiracy and aiding and abetting a speed contest.
INJURIES: Ms. Roe was diagnosed with traumatic brain injury, multiple trauma of extremities, blunt abdominal trauma, fractured pelvis, right knee laceration, right elbow dislocation and fracture, fractured left ulna, small bowel perforation, serosal injury of sigmoid colon, serosal injury to hepatic flexure, right sacral fracture, difficulty oxygenating, respiratory failure, hypoxemia, edema, and spasticity. In addition to her many severe physical injuries, she also continued to experience headaches, agitation, confusion, depression, crying, nightmares, constipation, and scarring.
TYPE OF CASE: Personal Injury; Automobile Accident
DATE AND LOCATION: September 25, 2006; La Paz Road and Monte Vista Road, in Aliso Viejo, California.
PLAINTIFF’S AGE: 18
Christopher R. Aitken
AITKEN, AITKEN & COHN
Douglas D. Cullins, Esq. and James L. Grandy, Esq., CULLINS & GRANDY
For Defendant driver Mohsen M);
Peter J. Gates, Esq., GATES, O’DOHERTY, GONTER & GUY, LLP
For Defendants Amir A and Arya A
Tod Castronovo, Esq., SHAVER, KORFF & CASTRONOVO
Associate counsel for Defendant ARYA A
Stephen W. Moore, Esq., FORD, WALKER, HAGGERTY & BEHAR
For Defendants Estate of Parees G, Deceased, and Mohammad G
NOTE: Plaintiffs collected policy limits plus an additional personal contribution from defendants.