Case Background
On July 20, 2020, a collision occurred on Sunset Boulevard in Los Angeles. Plaintiff Jesunita Agasang drove a Toyota when another vehicle struck her. Defendant Nasreen Babu-Khan owned and operated the second vehicle. The incident involved multiple unknown parties, including medical providers, business entities, and possible product suppliers, later listed as Doe defendants.
Cause
According to the complaint, the Defendants negligently entrusted, managed, and operated their vehicle. They failed to drive responsibly on a public road. Their negligent acts caused their vehicle to collide with the Plaintiff’s car. The complaint further alleged that medical providers, business entities, and product suppliers contributed to Plaintiff’s injuries through negligent treatment, defective products, or other conduct. The Plaintiff argued that all Defendants acted within the scope of their roles and shared responsibility for the accident and its aftermath.
Injury
The collision caused Plaintiff severe bodily injuries and shock to her nervous system. She endured significant pain and discomfort. Medical reports indicated her injuries would continue to cause pain in the future. Plaintiff also alleged emotional distress from the traumatic incident. Her injuries limited her ability to carry out normal life activities and disrupted her ability to work.
Damages
Plaintiff sought general damages for pain and suffering. She also pursued special damages for medical expenses, including costs of doctors, hospitals, x-rays, drugs, and ongoing treatment. The complaint claimed loss of income because her injuries prevented her from performing her usual occupation. Plaintiff anticipated future medical expenses and long-term financial losses tied to her reduced capacity to work.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Jesunita Agasang
Counsel for Plaintiff: Hesam Yazdanpanah | Arthur Djougourian
Defendant(s): Nasreen Babu-Khan
Counsel for Defendant: Lisa Dawn Collinson | James M. Lloyd
Joint Witness List: Stepan Kasimian | Andrew Morris | Paul Kaloostian | David Hoenig | Barry Posner | Mohammad Atarod
Claims
The complaint set forth one cause of action for negligence against Defendant Nasreen Babu-Khan and Does 1 through 50. Plaintiff alleged the Defendants’ negligent acts directly and proximately caused her injuries, damages, and losses. She sought compensation for medical expenses, lost income, pain, suffering, and costs of suit.
Defense
Defendant Nasreen Babu-Khan denied all allegations in the complaint and asserted multiple affirmative defenses. She argued that negligence by the Plaintiff, as well as third parties, caused or contributed to the collision and any resulting injuries. She claimed the complaint failed to state sufficient facts, was time-barred under the Code of Civil Procedure, and that her conduct was not a substantial factor in causing the Plaintiff’s harm.
Babu-Khan further raised defenses of comparative negligence, assumption of risk, last clear chance, failure to mitigate damages, and laches. She invoked Civil Code §1431 on proportionate liability, Proposition 213 limiting recovery, and the doctrines of unclean hands and intervening causes. She also challenged the reasonableness of claimed medical expenses and sought to limit recovery to her proportionate share of fault, while reserving the right to add further defenses as discovery progressed.
Jury Verdict
A Los Angeles Superior Court jury before Judge Graciela Freixes found Defendant Nasreen Babu-Khan negligent and determined her negligence substantially caused harm to Plaintiff Jesunita Agasang. The jury also found Agasang partly negligent, allocating 60% responsibility to Babu-Khan and 40% to Agasang. Damages were awarded as $30,000 for future medical expenses and $40,000 for past non-economic losses, including pain, emotional distress, and loss of enjoyment of life.
Court Documents
Court documents are available for purchase upon request at [email protected]
