About Habbas & Associates

Collision involving a pedestrian and company truck. Driver of truck fell asleep, veered off roadway and struck our client, propelling him in the air approximately 25 feet where he landed on the left side of his head and body. Client sustained catastrophic injuries, including head trauma, a brachial plexus injury, a fractured shoulder, a cervical fracture, several fractured ribs, a lumbar vertebrae fracture and a vestibular injury. The case resolved in mediation.

Settlement Prior to Trial After 3 Mediations – Amputation of left leg resulting from being pinned under heavy equipment operated by negligent employee.

A 30 year old laborer was burned over 30% of his body when a high pressure gas pipeline exploded in Walnut Creek after being struck by a back hoe during digging operations. Our client contended the pipeline owner created a dangerous condition of property by failing to have proper maps locating the pipeline and mismarking the location of the pipeline for the dig.

The plaintiff, a self-employed engineer, entered into a verbal agreement with defendant and his company, for the purpose of manufacturing and sales component parts for computer disc drives. The parties agreed to share equally in the profits and losses of the business. After an eight year relationship, the defendants cancelled the partnership agreement and excluded the plaintiff from further profit sharing from a lucrative multi-million dollar venture. Plaintiff's attempt to informally resolve the dispute was futile and litigation ensued. The plaintiff contended that defendants repudiated the partnership agreement and misrepresented the business profits and charged extensive illegitimate expenses against the partnership business. Defendants contended that plaintiff was not a partner, but only a sales representative.

Settlement Through Mediation Prior to Trial - Brain injury to minor – negligence on the part of retail store.

Settlement Through Mediation - High-Speed Motor Vehicle Collision Resulted in Serious Internal Injuries and Orthopedic Injuries Requiring Surgery for Two Individuals, a Lower Extremity Fracture Requiring Surgery for a Third Individual, and Neck and Back Injuries Involving Three Minors.

Motorist failed to acknowledge stop sign and caused an auto accident. The case resulted in a $3,423,000 settlement.

Plaintiff was stopped for traffic in Interstate 95 in the city of Las Vegas. Defendant was employed by and operating a tanker truck owned by Coastal. Defendant's truck crashed into the plaintiff's vehicle from the rear. Defendant was inattentive and violated the basic speed law. In addition, the brakes on defendants' trailer were out of adjustment resulting in a 40% deficiency in braking capacity. Defendants admitted liability, but disputed the nature and extent of the plaintiff's injuries and damages. The plaintiff sustained a herniated disc at the L5-S1 level which required a discectomy. Plaintiff had residual pain and is a candidate for fusion surgery.

Plaintiff demanded: $2,300,000.00 which was later reduced to a $1,000,000.00 policy limit demand

Defendant offered: $350,000.00

COMMENTS: Plaintiff's counsel was misled by defense counsel to believe that there was only one insurance policy covering this incident. On the second day of trial, defense counsel notified plaintiff's counsel that there was an excess policy.

A family rented a van from Dollar Rent a Car in Dallas, Texas to journey to California for a family reunion. While crossing Arizona, the rear tire blew out causing the van to go out of control into the median and roll over. Injuries ranged from scrapes and abrasions to fractures. The baby of the family, who was riding in her mother's lap, was ejected and suffered a head injury that resulted in hemiparesis and possible developmental delay. Plaintiffs contended that the tire had been improperly repaired by the placement of a plug in the sidewall and that Dollar either performed the repair or failed to inspect the vehicle prior to renting the vehicle to the family.

Client, a minor, was served an excessive amount of alcohol at a party at one of his friends home that had a significant amount of minors in attendance and which occurred at one of his friends home while the parents were present and had knowledge of excessive drinking by underage individuals. Client was driven home by another friend and while being dropped off he stumbled onto the ground and was run over by the vehicle his friend was driving, sustaining fatal injuries. Claims were made under a homeowners policy for the parents home and under an automobile insurance policy. The policy limits for each insurer were recovered.

Policy Limits - Drunk driver/hit and run v. pedestrian resulting in amputation of part of foot.

The plaintiff, as 22 year old student, was a passenger in a Honda Civic which experienced a front passenger side flat tire. In response, the driver of the Honda had pulled so far off the freeway, half of the vehicle was straddling the asphalt shoulder and the other half was in the gravel completely off the paved shoulder surface. The emergency flashers were on and the trunk lid open. After a night of drinking with friends, defendant drove his Ford F350 truck to his employer's yard in Brisbane, California, for the purpose of meeting a subordinate employee and to hitch his Ford 350 truck to a Toman trailer owned by his employer. After hitching the trailer, he drove to the job site in Santa Cruz with the subordinate employee following in a second vehicle on I-280.

At a speed of approximately 60 mph, defendant went off the freeway and smashed into the rear of the Honda which had been stopped on the side of the freeway for approximately 15 minutes. The forces of the truck striking the small Honda at this speed demolished the car in which the plaintiff was a rear seat passenger. The plaintiff was later pronounced dead at the scene.

In a later criminal proceeding, the defendant pled guilty to felony vehicular manslaughter and felony driving under the influence causing great bodily injury. He was sentenced to a term of years in a California State Penitentiary.

Defendant employer claimed and continued to contend that the defendant driver was an independent contractor, despite the fact that during discovery proceedings in litigation, there was overwhelming evidence that the driver was an employee of the defendant company at the time of the subject collision and was acting in the course and scope of said employment.

A truck driver struck and dragged a pedestrian in a crosswalk. Our firm represented the pedestrian and the case ended in a $1,900,000 case settlement.

The plaintiff, a 29 year old mother of three, was struck by a big rig in a marked crosswalk at a busy intersection in the city of San Jose. The plaintiff was pushing her two year old in a baby stroller in the crosswalk, while her daughter was walking ahead of them. The defendant, who was in the course and scope of his employment, failed to stop at the intersection and ran a red light Defendant's truck ran over the plaintiff's leg and dragged her approximately 30 feet, while the baby stroller was dragged for approximately 100 feet before the driver was flagged down by witnesses to stop. The plaintiff sustained multiple upper extremity and lower extremity fractures, as well as, among other things, avulsion injuries to her arm and ankle/foot. She underwent multiple surgical procedures and she requires future care. Her two year old son sustained multiple abrasions/lacerations, as well as significant emotional distress and nightmares.

Our 66-year-old client was an avid bicycle rider when a driver turned left in front of her and collided with our client. She suffered a pelvic ring fracture as well as a fractured leg. After a long convalescence, client was able to regain most of her physical ability but will not be able to return to long distance riding. Case resolved prior to trial for $1,800,000.

Client was proceeding through a green light when the defendant ran a red light and t-boned his vehicle. Client suffered a concussion as well as injuries to his chest, neck, back, shoulder, and ankle. Client’s concussion resulted in some memory loss and headaches. Case resolved through mediation for $1,675,000.

22 year old plaintiff was struck while walking in a marked crosswalk in the City of San Jose. The plaintiff suffered a closed head injury, with bleeding in the brain and further has cognitive impairments.