Pedestrian hit in marked crosswalk. $885K. Orange County.


Driver turns left and strikes pedestrian in crosswalk.

The Case

  • Case Name: Ali Mirshafii and Giti Mirshafii v. Nellie Grafton
  • Court and Case Number: Orange County Superior Court / 30-2017-00947630-CU-PA-CJC
  • Date of Verdict or Judgment: Tuesday, June 11, 2019
  • Date Action was Filed: Tuesday, October 03, 2017
  • Type of Case: Vehicles - Left Turn, Vehicles - vs. Pedestrian
  • Judge or Arbitrator(s): Hon. Nathan Scott
  • Plaintiffs:
    Ali Mirshafii, 64.
    Giti Mirshafii, 58.
  • Defendants:
    Nellie Grafton
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: $885,772.17
  • Economic Damages:

    Ali Mirshafii:

    Past medical expenses: $165,560.39

    Future medical expenses: $100,211.78

  • Non-Economic Damages:

    Ali Mirshaffi:

    Past pain and suffering: $300,000

    Future pain and suffering: $300,000

    Giti Mirshafii:

    Loss of consortium: $20,000

  • Trial or Arbitration Time: 7 days.
  • Jury Deliberation Time: 4 hours.

The Attorneys

  • Attorney for the Plaintiff:

    Law Offices of Brian J. Breiter by Brian J. Breiter and Chance J. Pardon, Los Angeles.

  • Attorney for the Defendant:

    Knapp Petersen & Clarke by Stephen C. Pasarow, Glendale.

The Experts

  • Plaintiff’s Medical Expert(s):

    Matthew Enna, M.D., orthopedic surgery, Beverly Hills.

    Khyber Zaffarkhan, D.O., physical rehabilitation, Newport Beach.

    Perry Liu, M.D., plastic surgery, Beverly Hills. (Treating physician.)

    Yuki Frazier, LMFT, marriage therapy, Anaheim. (Treating therapist.)



  • Defendant's Medical Expert(s):

    William Van der Reis, M.D., orthopedic surgery, San Clemente.

    Nicholas Rose, M.D., orthopedic surgery, Newport Beach.

    Lawrence Harter, M.D., radiology, Santa Barbara.

Facts and Background

  • Facts and Background:

    On March 4, 2017, Ali Mirshafii was walking within a marked crosswalk at the intersection of Anaheim Hills Road and Nohl Ranch Road in Anaheim when defendant failed to yield while making a left turn. Defendant's vehicle stuck Mr. Mirshafii, knocked him down, and continued moving over his legs.

  • Plaintiff's Contentions:

    Plaintiffs claimed that defendant negligently struck Ali with her vehicle as he crossed the street in a marked crosswalk.

    Ali Mirshafii claimed multiple bodily injuries, and that as a result of the collision, he suffers from PTSD.

    Finally, Mr. Mirshafii claimed future treatment needed to revise scarring caused by the collision and surgeries.

    Ali Mirshafii claimed past and future medical expenses and past and future pain and suffering.

    Giti Mirshafii alleged loss of consortium.

  • Defendant's Contentions:

    Defendant conceded liability. Defendant also conceded that Mr. Mirshafii suffered left leg and right wrist fractures, that all past treatment he had received was reasonable and necessary, and that he incurred reasonable past medical expenses.

    Defendant asserted that no further medical treatment was needed except for a hardware removal surgery. Defendant asserted that Mr. Mirshafii did not suffer any knee injuries in the collision and did not suffer from a scaphoid nonunion in his right wrist.

Injuries and Other Damages

  • Physical Injuries claimed by Plaintiff:

    Ali Mirshafii claimed multiple fractures to his left leg including a compound, comminuted, and segmental fracture of his left tibia that required an open reduction and internal fixation surgery. He alleged that this injury would required future treatment and surgery in the form of a hardware removal operation.

    He also claimed a scaphoid wrist fracture in his right wrist that required an open reduction and internal fixation surgery.

    He further claimed that he suffered a scapholunate interosseous ligament injury that resulted in scaphoid nonunion in his right wrist. He alleged that this would require a right wrist fusion in the future.

    Mr. Mirshafii also claimed traumatic arthritis to both knees that would eventually require knee replacements.

  • Ali Mirshafii alleged that as a result of the collision he suffers from PTSD and general damages.

    Giti Mirshafii alleged loss of consortium.

Demands and Offers

  • Plaintiff §998 Demand: From Ali Mirshafii: $1,250,000
  • Defendant §998 Offer: To Ali Mirshafii: $845,000