Francesca Sciortino v. Ribhi Ghosheh
Case Background
On November 23, 2020, Plaintiff Francesca Sciortino filed a Personal Injury lawsuit in the California State, Superior Court of Orange County (Case number: 2020-01171542). Judge Craig Griffin presided over the case.
Cause
On November 29, 2018, Francesca Sciortino visited Advanced Eye Medical Group at 26701 Crown Valley Pkwy Ste A, Mission Viejo, CA 92691, for an optometrist appointment. The premises had a mechanized security gate controlled by a button behind the front desk. As Sciortino completed her transaction and turned to leave, the gate suddenly dropped. It pinned and crushed her. Nadia Ghosheh, the front desk attendant, allegedly pressed the button controlling the gate. She did so without checking if the area was clear. This caused Sciortino to fall and sustain serious injuries.
Injuries
Sciortino suffered severe back and neck injuries, along with damage to her nervous system and overall health. The incident caused her significant physical pain, mental anguish, and a decline in strength and activity levels. Her well-being suffered ongoing distress due to these injuries.
Damages
Following the incident, Sciortino required extensive medical treatment and incurred substantial expenses. She continued to face costs for ongoing medical care and custodial support. Her injuries also prevented her from working and potentially impacted her future earning capacity. Sciortino sought compensation for general damages, specific medical expenses, other economic losses, and prejudgment interest, claiming damages exceeding $25,000.
Key Arguments and Proceedings
Legal representation
- Plaintiff(s): Francesca Sciortino
- Counsel for Plaintiff: Greyson Goody | Taly Goody | Matthew E. Neale | Aaron D. Fhima
- Defendant(s):Advanced Eye Medical Group | Dina Ghosheh | Nadia Hindiyeh | Ribhi Ghosheh
- Counsel for Defendants: James Shott
Claims
Sciortino’s complaint included two primary causes of action:
- Negligence: Sciortino alleged that Nadia Ghosheh, Advanced Eye Medical Group, and Does 1-25 breached their duty of care by activating the security gate without ensuring the area was clear. The complaint claimed that Advanced Eye Medical Group was vicariously liable under the doctrine of respondeat superior, as the negligent acts occurred within the scope of employment.
- Premises Liability: This claim was directed at Ribhi Ghosheh, Dina Ghosheh, Advanced Eye Medical Group, and Does 1-25. Sciortino alleged that these defendants, as property owners or controllers, failed to manage the property safely, exposing visitors to unreasonable risks. The complaint argued that inadequate safety measures led to the unsafe operation of the security gate
Both claims centered on the defendants’ failure to maintain a safe environment, leading to Sciortino’s injuries and damages. The complaint requested a jury trial.
Defense
On December 24, 2020, the defendants—Ribhi Ghosheh, Dina Ghosheh, Nadia Ghosheh, and Advanced Eye Medical Group—filed an answer denying all allegations and damages claimed. They asserted several affirmative defenses:
- The claims were barred by applicable statutes of limitations.
- The complaint failed to state a cause of action.
- The plaintiff’s own actions contributed to her injuries (comparative negligence).
- Liability should be apportioned among all responsible parties (Proposition 51).
- The plaintiff failed to mitigate damages.
- The reasonableness and necessity of the plaintiff’s medical treatment and charges were challenged.
- The defendants sought reimbursement or credit for any amounts already paid.
The defense requested dismissal of the complaint, costs for the suit, and any other appropriate relief.
Jury Verdict
On August 27, 2024, the Orange County jury awarded Francesca Sciortino $3,666,839.09. This amount included $266,839.09 for past medical expenses, $400,000 for future medical costs, $500,000 for past non-economic damages, and $2,500,000 for future non-economic damages in a Personal Injury Lawsuit.
Court Documents:
Available Upon Request
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