Savage v. Sharif

$300,000 Verdict

Date of Verdict: May 22.

Court and Case No.: C.P. Philadelphia No. 170900208.

Judge: Marlene F. Lachman.

Type of Action: Motor vehicle.

Injuries: Facial injuries, including injuries to his teeth and jaw.

Plaintiffs Counsel: Francis J. O'Neill Jr., van der Veen, O'Neill, Hartshorn, and Levin, Philadelphia.

Plaintiffs Expert: Karthik Rajasekaran, otolaryngology, Philadelphia.

Defense Counsel: Simi Mayall, Styliades Mezzanotte & Hasson, Philadelphia.

Defense Expert: Janci C. Lindsay, alcohol toxicology; Houston, Texas.

Comment:

On June 10, 2017, plaintiff Jabari Savage, 37, a restaurant worker, was motorcycling on Hunting Park Avenue, in North Philadelphia. Savage rear-ended a sedan and was ejected from the motorcycle. He suffered facial injuries, including injuries to his teeth and jaw.

Savage sued the driver, Tamika Sharif. Savage alleged that Sharif was negligent in the operation of her vehicle.

Savage and a friend, who was also riding a motorcycle at the time, alleged they were riding in the left lane when Sharif, driving in the right lane, abruptly changed lanes and cut off Savage.

Savage said he was unable to stop in time and struck the rear of Sharif's vehicle.

The defense maintained that Savage was liable for the collision, as he tested at a blood alcohol level of 0.215 following the accident. The defense's expert in toxicology testified that, given that Savage's blood alcohol level was well over the legal limit, his reaction time, depth perception and judgment would have been severely impaired while operating a motorcycle. The defense asserted that, even if Sharif cut off Savage as alleged, Savage was too impaired to have properly stopped in time to avoid striking the vehicle.

Savage testified that, despite his inebriation, his perception and ability to operate the motorcycle were unaffected, which was reportedly corroborated by his friend.

Savage was taken by ambulance to a hospital and was admitted. He was diagnosed with six missing teeth, consisting of his two front teeth and four bottom teeth, and 11 fractures to his face, which included fractures to his mandible, both orbital bones and his nasal bone. Savage was intubated with a tracheostomy. Over the course of 19 days, he underwent three open reduction procedures with internal fixation to repair his facial fractures. Plates and screws were implanted.

Upon discharge, Savage recuperated at home in the ensuing weeks and consulted with his surgeon. No further treatment was administered.

Savage confirmed that he had made a good recovery and that he plans to receive implants to replace his six missing teeth. Other than some scarring on his forehead and numbness in his chin, he said he suffered no visible disfigurement.

Savage sought to recover a medical lien of $100,000. He also sought damages for past and future pain and suffering.

The defense acknowledged Savage's injuries and treatment and maintained that Savage had made a full recovery.

The jury found Sharif 52% liable and Savage 48% liable. The jury determined that Savage's damages totaled $300,000, which was reduced to $156,000 to reflect the comparative-negligence finding.

This report is based on information that was provided by plaintiffs counsel. Defense counsel did not respond to calls for comment.

—This report first appeared in VerdictSearch, an ALM publication