Trial Magazine

After drinking for several hours at multiple establishments in the Lincoln City, Ore., area, Perry Nicolopoulos drove into a McDonald’s parking lot. Mohammad Mohammadi arrived at the same time with his wife and baby. When they realized the restaurant was closed, they turned to leave. Mohammadi saw Nicolopoulos sitting in his car and yielded the right-of-way to him. Nicolopoulos did not exit the parking lot, however. After Mohammadi moved forward to leave, Nicolopoulos allegedly accelerated into the side of his vehicle. Mohammadi got out of his car. Nicolopoulos then allegedly reversed his car, revved his engine, and drove into Mohammadi before leaving the scene.

Mohammadi suffered a fractured leg, sacrum, and pelvis. His right leg had to be amputated. He also suffered injuries to his back and neck. His wife, Nelab Sarabi, suffered neck and back injuries, PTSD, and major depression.

Mohammadi and Sarabi sued Nicolopoulos, alleging driving under the influence, improper lookout, and failure to maintain control of his vehicle. Suit also named four establishments where Nicolopoulos had been drinking alcohol the night of the incident. The plaintiffs did not claim past medical expenses or lost income.

The plaintiffs settled confidentially with the drinking establishments. The jury awarded more than $77.5 million.

Citation: Mohammadi v. Nicolopoulos, No. 20CV10189 (Or. Cir. Ct. Multnomah Cnty. Feb. 17, 2023).

Plaintiff counsel: Aaron DeShaw, Portland, Ore.