Ladao v. Fahey: $8,750 Verdict in San Jose Scooter Crash
Table of Contents
Case Background
The legal dispute originated from a late-evening traffic collision in San Jose, California. On July 12, 2022, around 8:00 p.m., Shawn Nicholas Ladao traveled through the intersection of Cortona Drive and Silverland Drive on an electric scooter. At the same time, Kole Fahey operated a Mini-Cooper owned by Kevin Fahey. The incident occurred when Kole Fahey attempted an unprotected left-hand turn toward Cortona Drive. Although a passenger in the vehicle, Akash Jayaraj, spotted the scooter, Kole Fahey failed to see Ladao before initiating the turn. Consequently, the vehicle struck Ladao at approximately 30 mph.
Cause
The primary cause of the accident centered on Kole Fahey’s failure to yield the right-of-way to oncoming traffic. Ladao maintained that he had the right-of-way on Silverland Drive when the Defendant’s vehicle crossed directly into his path. The Plaintiff characterized Fahey’s driving as a reckless disregard for road rules, specifically noting the danger of the unprotected left turn.
Injury
The impact of the collision threw Ladao to the ground, resulting in immediate physical trauma. He sustained a knee injury and a cut lip during the fall. Beyond these initial wounds, Ladao alleged significant long-term bodily and dental injuries that he expected would require medical attention for the rest of his life. Additionally, the collision damaged his electric scooter. The experience caused Ladao to suffer from persistent anxiety, mental anguish, and a general decline in his quality of life.
Damages Sought
Ladao filed a lawsuit seeking compensation for a broad range of losses. He requested general damages for pain and suffering and special damages to cover his specific financial losses. His demands included reimbursement for medical expenses, compensation for physical impairment and emotional distress, and recovery for the property damage to his scooter. While the complaint did not list an exact total, it specified that the damages exceeded $25,000.
Key Arguments and Proceedings
The litigation officially began when Dylan Hackett of the Hackett Law Firm filed a complaint on Ladao’s behalf on December 8, 2023. The defense, led by Christopher W. Rivera, responded on April 15, 2024, by denying the allegations and asserting that Ladao’s own negligence contributed to the crash. The case moved through discovery, which included the deposition of the Plaintiff and various interrogatories regarding the facts of the accident.
Legal Representation
Plaintiff(s): Shawn Nicholas Ladao
· Counsel for Plaintiff(s): Dylan Hackett
Defendant(s): Kole Fahey | Kevin Fahey
· Counsel for Defendant(s): Christopher W. Rivera
Key Arguments or Remarks by Counsel
The Plaintiff’s counsel focused on the mechanics of the left turn, arguing that Kole Fahey had breached a fundamental duty of care to other road users. They emphasized that the passenger's ability to see Ladao proved the Plaintiff was visible and that the collision was entirely preventable. Furthermore, the Plaintiff argued that Kevin Fahey bore responsibility for the accident because he had allowed a young and inexperienced driver to use his vehicle.
Claims
Ladao raised three specific legal claims against the Defendants.
Negligence
The Plaintiff asserted that Kole Fahey operated the vehicle in an unreasonably dangerous manner. By failing to yield at the intersection, the Defendant breached the legal duty he owed to the public to drive safely.
Negligent Infliction of Emotional Distress
Ladao claimed that the Defendants were liable for the serious emotional trauma he suffered following the crash. He argued that a driver should reasonably anticipate that hitting a person on a scooter would cause severe mental and emotional suffering.
Negligent Entrustment
This claim targeted Kevin Fahey specifically. Ladao alleged that Kevin, as the vehicle's owner, knew or should have known that Kole's youth and lack of experience made him likely to drive recklessly. By permitting Kole to drive, Kevin allegedly shared the blame for the resulting injuries.
Defense
The Defendants provided a comprehensive denial of the complaint's claims. Their legal team argued that Ladao's own negligence caused the incident and that any potential award should be reduced accordingly. They also raised the defense that Ladao had failed to take reasonable steps to mitigate his damages after the accident occurred. Finally, they challenged the legal sufficiency of the complaint, asserting that the facts presented did not constitute valid causes of action against them.
Jury Verdict
The trial concluded on December 10, 2025, in the Santa Clara County Superior Court. The jury reached different conclusions regarding the two Defendants based on the evidence presented.
Liability of Kole Fahey
During the proceedings, the negligence of Kole Fahey became an undisputed fact. Because the parties no longer debated who caused the accident, the jury focused solely on determining the appropriate amount of compensation for Ladao.
For past losses, the jury awarded Ladao $2,400 for medical expenses and $500 for other economic losses, totaling $2,900 in past economic damages. They also assigned $750 for past noneconomic losses, such as physical pain and mental suffering. This brought the total for past damages to $3,650.
Regarding future needs, the jury decided on $4,000 for upcoming medical treatments and $350 for other future economic costs, resulting in $4,350 for future economic damages. They added another $750 for future pain and suffering. The final total awarded for future damages equaled $5,100.
Liability of Kevin Fahey
The jury viewed the case against Kevin Fahey differently. They had to decide specifically whether Kevin Fahey had negligently entrusted the Mini-Cooper to Kole. After considering the evidence, the jury checked the "No" box on the verdict form, finding that Kevin Fahey was not responsible for negligent entrustment. Because they found no liability for Kevin Fahey, the jury did not calculate any damages against him and concluded that portion of the verdict.
The final judgment resulted in a total recovery for Shawn Nicholas Ladao of $8,750, to be paid by Kole Fahey, while Kevin Fahey was cleared of the claims brought against him.