Filed: May 15, 2019
Latest Update: May 15, 2019
Summary: [PROPOSED] FINAL JUDGMENT ON SPECIAL VERDICT ANDR BIROTTE JR. , District Judge . This action came on regularly for trial on April 16, 2019, in Courtroom 7B of the above-entitled court, the Honorable Andr Birotte Jr. presiding. Plaintiffs EDMOND E. ASLAN and EILEEN MICHAELIAN appeared by and through their counsel of record, Moses Lebovits and Parham Nikfarjam of Daniels, Fine, Israel, Schonbuch & Lebovits, LLP. Defendant FERRARI NORTH AMERICA, INC. appeared by and through its counsel of
Summary: [PROPOSED] FINAL JUDGMENT ON SPECIAL VERDICT ANDR BIROTTE JR. , District Judge . This action came on regularly for trial on April 16, 2019, in Courtroom 7B of the above-entitled court, the Honorable Andr Birotte Jr. presiding. Plaintiffs EDMOND E. ASLAN and EILEEN MICHAELIAN appeared by and through their counsel of record, Moses Lebovits and Parham Nikfarjam of Daniels, Fine, Israel, Schonbuch & Lebovits, LLP. Defendant FERRARI NORTH AMERICA, INC. appeared by and through its counsel of ..
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[PROPOSED] FINAL JUDGMENT ON SPECIAL VERDICT
ANDRÉ BIROTTE JR., District Judge.
This action came on regularly for trial on April 16, 2019, in Courtroom 7B of the above-entitled court, the Honorable André Birotte Jr. presiding. Plaintiffs EDMOND E. ASLAN and EILEEN MICHAELIAN appeared by and through their counsel of record, Moses Lebovits and Parham Nikfarjam of Daniels, Fine, Israel, Schonbuch & Lebovits, LLP. Defendant FERRARI NORTH AMERICA, INC. appeared by and through its counsel of record, James J. Yukevich, Cristina M. Ciminelli, and Jeffrey W. Caligiuri of Yukevich|Cavanaugh.
A jury of eight persons was regularly impaneled and sworn. Witnesses were sworn and testified, and documentary and physical evidence was introduced and received into evidence. After hearing the evidence and arguments of counsel, the jury was duly instructed by the Court and the case was submitted to the jury with directions to return a verdict on special issues. The jury deliberated and thereafter returned the following special verdict in favor of defendant on April 24, 2019:
SPECIAL VERDICT FORM
We, the jury, answer the questions submitted to us as follows:
1. Did the seatbelt in the 2002 Ferrari 360 Spider fail to perform as safely as
an ordinary consumer would have expected when used or misused in an
intended or reasonably foreseeable way?
_______________ Yes X No
If your answer to Question 1 is yes, then answer Question 2. If your answer
is no, stop here, answer no further questions, and have the presiding juror sign
and date this form.
2. Was the seatbelt's design in the 2002 Ferrari 360 Spider a substantial
factor in causing harm to Edmond Asian?
________________ Yes _________________ No
If your answer to Question 1 is yes, then answer Question 2. If your answer
is no, stop here, answer no further questions, and have the presiding juror sign
and date this form.
3. What are Edmond Asian's total damages? Do not reduce the damages
based on the fault, if any, of Edmond Asian
a. Past economic loss
Past medical expenses $____________
b. Past noneconomic loss, including physical
pain and suffering $____________
d. Future economic loss, including
physical pain and suffering $____________
TOTAL: $____________
If Edmond Aslan has proved any damages, answer Question 4. If Edmond
Aslan has not proved any damages, then skip Question 4 through Question 8,
and answer Question 9.
4. Was Edmond Aslan negligent?
________________ Yes _______________ No
If your answer to Question 4 is yes, then answer question 5. If you answered
no, then skip Question 5 and Question 6, and answer Question 7.
5. Was Edmond Asian's negligence a substantial factor in causing his
harm?
________________ Yes _____________ No
If your answer to Question 5 is yes, then answer Question 6. If you answered
no, then skip Question 6, and answer Question 7.
6. What percentage of responsibility for Edmond Asian's harm do you
assign to:
FERRARI NORTH AMERICA: _____ %
EDMOND ASLAN: _____ %
TOTAL (total must equal 100%): 100 %
If you answered Question 6, proceed to answer Question 7.
7. Did Edmond Aslan fail to mitigate damages?
________________ Yes _____________ No
If your answer to Question 7 is yes, then answer Question 8. If you answered
no, skip Question 8, and answer Question 9.
8. How much (number) should Edmond Aslan's damages be reduced due to
his failure to mitigate damages? $___________
If you answered question 8, proceed to answer Question 9.
9. Did Eileen Michaelian sustain a loss of her husband's companionship and
service as a result of the injury to Edmond Aslan?
_________________ Yes _____________ No
If your answer to Question 9 is yes, then answer Question 10. If you
answered no, then stop here, answer no further questions and have the
presiding juror sign and date this form.
10. What are Eileen Michaelian's damages for loss of her husband's love,
companionship, comfort, care, assistance, protection, affection, society,
moral support, and enjoyment of sexual relations? $___________
Have the presiding juror sign and date this form.
Signed: REDACTED Date: April 24, 2019
Presiding Juror
After the verdict form has been signed, notify the clerk that you are ready to present your verdict in the courtroom.
Therefore, by reason of this special verdict, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:
1. Judgment is entered in favor of Defendant FERRARI NORTH AMERICA, INC. on Plaintiff EDMOND E. ASLAN's design defect claim and Plaintiff EILEEN MICHAELIAN's loss of consortium claim.
2. Plaintiffs EDMOND E. ASLAN and EILEEN MICHAELIAN shall take nothing against Defendant FERRARI NORTH AMERICA, INC.
3. Defendant FERRARI NORTH AMERICA, INC. shall recover from Plaintiffs EDMOND E. ASLAN AND EILEEN MICHAELIAN their costs of suit incurred herein to an award of $______________, to be taxed by the Clerk of Court.
IT IS SO ORDERED. JUDGMENT IS DEEMED ENTERED AS OF THE DATE SET FORTH BELOW.
