Trial Magazine

Bahram Yahyavi was driving a Dodge Charger in the course of his employment with a car dealership when his vehicle was struck by a forklift driven by a then-employee of Capriati Construction Corp. The forks penetrated the car’s front end from the passenger’s side, causing the front windshield to cave into the car. Yahyavi suffered a severe neck injury, necessitating conservative care and later, a five-level cervical fusion.

His past medical expenses were more than $491,000. His past lost wages and lost earning capacity totaled $300,000.

Yahyavi sued Capriati Construction, alleging liability for its employee’s negligent operation of the forklift. The plaintiff asserted that the defendant’s safety manager had instructed the employee not to operate a forklift before the collision.

The jury awarded approximately $5.87 million.

Citation: Yahyavi v. Capriati Constr. Corp., No. A-15-718689-C (Nev. Dist. Ct. Clark Cty. Sept. 27, 2019).

Plaintiff counsel: AAJ members Dennis M. Prince and Kevin T. Strong, both of Las Vegas.