Edmond E Aslan et al v. Ferrari North America, Inc. et al

Filing 185

FINAL JUDGMENT ON SPECIAL VERDICT by Judge Andre Birotte Jr.: 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& #039;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 be taxed by the Clerk of Court. (MD JS-6, Case Terminated). (gk)

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JS-6

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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EDMOND E. ASLAN and EILEEN
12 MICHAELIAN,
Plaintiffs,

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CASE NO. 2:16-cv-02574-AB SS
[PROPOSED] FINAL JUDGMENT
ON SPECIAL VERDICT

v.

15 FERRARI NORTH AMERICA, INC., a
Delaware corporation, ZF TRW
16 Automotive Holding Corporation, a
Michigan Corporation, and DOES 117 100, inclusive,
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Defendants.

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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

1 sworn and testified, and documentary and physical evidence was introduced and
2 received into evidence. After hearing the evidence and arguments of counsel, the
3 jury was duly instructed by the Court and the case was submitted to the jury with
4 directions to return a verdict on special issues. The jury deliberated and thereafter
5 returned the following special verdict in favor of defendant on April 24, 2019:
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SPECIAL VERDICT FORM

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We, the jury, answer the questions submitted to us as follows:

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Did the seatbelt in the 2002 Ferrari 360 Spider fail to perform as safely as

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an ordinary consumer would have expected when used or misused in an

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intended or reasonably foreseeable way?

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Yes

X

No

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If your answer to Question 1 is yes, then answer Question 2. If your answer

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is no, stop here, answer no further questions, and have the presiding juror sign

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and date this form.

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Was the seatbelt’s design in the 2002 Ferrari 360 Spider a substantial

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factor in causing harm to Edmond Asian?

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Yes

No

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If your answer to Question 1 is yes, then answer Question 2. If your answer

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is no, stop here, answer no further questions, and have the presiding juror sign

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and date this form.

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What are Edmond Asian’s total damages? Do not reduce the damages

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based on the fault, if any, of Edmond Asian

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a.

Past economic loss
Past medical expenses
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$___________

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b.

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Past noneconomic loss, including physical
pain and suffering

d.

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$___________

Future economic loss, including
physical pain and suffering

$___________

TOTAL:

$___________

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If Edmond Aslan has proved any damages, answer Question 4. If Edmond

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Aslan has not proved any damages, then skip Question 4 through Question 8,

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and answer Question 9.

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Was Edmond Aslan negligent?

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Yes

No

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If your answer to Question 4 is yes, then answer question 5. If you answered

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no, then skip Question 5 and Question 6, and answer Question 7.

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Was Edmond Asian’s negligence a substantial factor in causing his

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harm?

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Yes

No

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If your answer to Question 5 is yes, then answer Question 6. If you answered

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no, then skip Question 6, and answer Question 7.

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What percentage of responsibility for Edmond Asian’s harm do you

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assign to:

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FERRARI NORTH AMERICA:

%

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EDMOND ASLAN:

%

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TOTAL (total must equal 100%):

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100 %

If you answered Question 6, proceed to answer Question 7.

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Did Edmond Aslan fail to mitigate damages?

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Yes

No

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If your answer to Question 7 is yes, then answer Question 8. If you answered

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no, skip Question 8, and answer Question 9.

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How much (number) should Edmond Aslan’s damages be reduced due to

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his failure to mitigate damages?

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If you answered question 8, proceed to answer Question 9.

$___________

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Did Eileen Michaelian sustain a loss of her husband’s companionship and

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service as a result of the injury to Edmond Aslan?

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Yes

No

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If your answer to Question 9 is yes, then answer Question 10. If you

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answered no, then stop here, answer no further questions and have the

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presiding juror sign and date this form.

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What are Eileen Michaelian’s damages for loss of her husband’s love,

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companionship, comfort, care, assistance, protection, affection, society,

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moral support, and enjoyment of sexual relations?

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Have the presiding juror sign and date this form.

$___________

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Signed:

REDACTED

Date:

April 24, 2019

Presiding Juror
After the verdict form has been signed, notify the clerk that you are ready to

25 present your verdict in the courtroom.
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Therefore, by reason of this special verdict, IT IS HEREBY ORDERED,

2 ADJUDGED, AND DECREED that:
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1.

Judgment is entered in favor of Defendant FERRARI NORTH

4 AMERICA, INC. on Plaintiff EDMOND E. ASLAN’s design defect claim and
5 Plaintiff EILEEN MICHAELIAN’s loss of consortium claim.
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2.

Plaintiffs EDMOND E. ASLAN and EILEEN MICHAELIAN shall

7 take nothing against Defendant FERRARI NORTH AMERICA, INC.
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3.

Defendant FERRARI NORTH AMERICA, INC. shall recover from

9 Plaintiffs EDMOND E. ASLAN AND EILEEN MICHAELIAN their costs of suit
10 incurred herein to an award of $ ______________, to be taxed by the Clerk of
11 Court.
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IT IS SO ORDERED. JUDGMENT IS DEEMED ENTERED AS OF

14 THE DATE SET FORTH BELOW.
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16 DATED: May 15, 2019
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Hon. André Birotte Jr.
United States District Court Judge

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