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Plaintiff accuses Defendants of negligence following scooter collision

NORTHERN CALIFORNIA RECORD

Wednesday, November 27, 2024

Plaintiff accuses Defendants of negligence following scooter collision

State Court
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In a negligence complaint filed on May 14, 2024, in the Superior Court of California for the County of San Francisco, plaintiff Nasasha Jasanee Carmen Arias has sued Christopher Kelly and Erna Herzog, along with unnamed defendants Does 1-100. The case stems from a motor vehicle collision that occurred on July 13, 2022.

The complaint, submitted by attorneys Alan A. Ahdoot and Christopher B. Adamson of Adamson Ahdoot LLP, details the events leading to the lawsuit. According to the filing, Arias was operating an electric scooter southbound on 2nd Street near Taber Place in San Francisco when she was struck by a 2019 Kia Niro driven by Kelly. The collision allegedly resulted from Kelly's failure to operate his vehicle with due care.

Arias claims that as a result of this incident, she sustained severe and permanent injuries requiring significant medical treatment. The complaint states: "As a result of the SUBJECT INCIDENT, PLAINTIFF suffered severe, traumatic, debilitating, and permanent injuries that necessitated significant medical care." The filing further alleges that both Kelly and Herzog were negligent in their duties related to the ownership and operation of the vehicle involved in the accident.

The lawsuit asserts multiple allegations against Kelly and Herzog as well as unnamed defendants referred to as Does 1-100. It is claimed that these parties were negligent in managing and operating the vehicle which led to Arias' injuries. Specifically, it is alleged that "DEFENDANTS designated herein as a DOE was, and is, negligent... thereby negligently... legally and proximately caused... injuries and damages to PLAINTIFF."

The plaintiff seeks various forms of relief from the court including general damages for physical, mental, and emotional suffering; special damages covering past and future medical expenses; loss of earnings; prejudgment interest; attorney’s fees; and other costs associated with the suit. The complaint highlights that Arias has been unable to attend her usual occupation due to her injuries: "PLAINTIFF was prevented from attending her usual occupation... will also sustain a loss of earning capacity."

The case has been assigned Case No.: CGC-24-614637 under unlimited jurisdiction. Representing Arias are attorneys Alan A. Ahdoot (State Bar No. 238594) and Christopher B. Adamson (State Bar No. 238500) from Adamson Ahdoot LLP.

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