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Amount:
$5,000,000
Type:
Verdict-Plaintiff
State:
Florida
Venue:
Miami-Dade County
Court:
Miami-Dade County Circuit Court, 11th
Injury Type(s):
back-lower back; back-fusion, lumbar;
head-closed head injuries; other-plate; other-labrum, tear;
other-pins/rods/screws; other-aggravation of pre-existing condition; shoulder; surgeries/treatment-arthroscopy
Case Type:
Motor Vehicle – Truck, Head-On, Left Turn
Case Name:
Rasheed A. Ali v. United Parcel Services, and Dariel Oliva,
No. 13-37191-CA-1
Date:
July 10, 2015
Plaintiff(s):
Rasheed A. Ali (Male, 28 Years)
Plaintiff Attorney(s):
Brett M. Rosen;
Goldberg & Rosen, P.A.;
Miami,
FL,
for
Rasheed A. Ali ■ Judd G. Rosen;
Goldberg & Rosen, P.A.;
Miami,
FL,
for
Rasheed A. Ali ■ Willie E. Gary;
Gary Williams Lewis & Watson, P.L.;
Stuart,
FL,
for
Rasheed A. Ali
Plaintiff Expert(s):
Amos Dare; M.D.; Neurosurgery; Wellington,
FL called by:
Brett M. Rosen, Judd G. Rosen, Willie E. Gary ■ Cesar Ceballos; M.D.; Orthopedics; Miami,
FL called by:
Brett M. Rosen, Judd G. Rosen, Willie E. Gary ■ Charles Vanderkolk; Ph.D.; Vocational Rehabilitation; Weaverville,
NC called by:
Brett M. Rosen, Judd G. Rosen, Willie E. Gary
Defendant(s):
Dariel Oliva,
United Parcel Services
Defense Attorney(s):
Jason Klaus Gunther;
McIntosh Schwartz, P.L.;
Fort Lauderdale,
FL,
for
Dariel Oliva, United Parcel Services
Insurer(s):
Liberty Mutual Insurance for United Parcel Services
On Aug. 7, 2013, at 10.15 a.m. plaintiff Rasheed A. Ali, 28, music executive, was operating his 2010 Mercedes 500 sedan on Eastbound 93rd Street in North Miami Beach when he became involved in a motor vehicle accident. A United Parcel Services truck operated by Dariel Oliva, who was heading Northbound on SR A1A, turned left on 93rd Street, crossed over Ali’s lane of travel, and struck Ali’s vehicle head-on. Ali claimed he injured his left shoulder and lower back. Ali sued Oliva, claiming he was negligent in the operation of his vehicle. Ali also sued United Parcel Services claiming it was vicariously liable for the driver’s action because he was engaged in the scope of employment at the time. Ali claimed he was idle at a stop light when the UPS truck made the left turn, smashing into his vehicle. Olivia conceded negligence. A trial proceeded against Oliva and United Parcel Services on the issue of damages.
Ali was taken by ambulance to a local emergency room with complaints of headache, and pain in his left shoulder and lower back. Ali had X-rays and was discharged with instructions to follow up with an orthopedist. Ali was ultimately diagnosed with closed head injury, torn labrum of non-dominant left shoulder, and lumbar disc herniation L5-S1. Ali was also diagnosed with aggravation of pre-existing lumbar injury. He underwent arthroscopic surgery to repair the shoulder injury, and also underwent a lumbar fusion with plate and screws implanted. Ali was a former star running back and track star at his high school before being recruited to the University of Miami to play football. He claimed he was very physically active and engaged in sporting activities prior to the accident. Ali claimed continued to experience back and shoulder pain. He claimed he used to exercise daily before the accident but no longer does so. Ali claimed he continues to experience headaches. Ali’s treating neurologist opined that Ali suffered permanent neurological injuries. Ali’s treating orthopedist opined that Ali’s shoulder was ripped out of place in the accident. He also opined that Ali will require future lumbar surgery. Defense counsel noted that Ali’s Mercedes sustained $50,000 in damage. Ali sought to recover damages for past and future medicals, and past and future pain and suffering. The defense argued that Ali’s injuries have not hindered his music career, noting that he continues to serve as an active CEO of his own record label. Defense counsel noted that Ali has traveled to the Caribbean on behalf of his record label since the accident. The defense also noted that Ali has made a name for himself with the signing of Miami reggae star Shifta. Finally, the defense argued that Ali’s quality of life has not diminished because he is living a life that most people can only dream of.
The jury determined that Rasheed A. Ali’s damages totaled $5 million.
Rasheed A. Ali: $5,000,000 Personal Injury: compensatory
Judge:
Antonio Arzola
Demand:
$1.7 million
Offer:
$500,000
Trial Length:
4
days
Trial Deliberations:
3
hours
This report is based on information that was provided by plaintiff’s counsel. Defense counsel declined comment.