Attorney Thabet N Khalidi's Legal Cases

Litigation

Verdict for Owners of Historic Homes Damaged by City Water Leaks

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OUTCOME: Jury verdict of $2,945,638

Plaintiffs own approximately 35 historic adobe buildings in downtown Tucson's Barrio Historico. The buildings suffered catastrophic moisture damage along the street facing walls, requiring extensive an ... d expensive repairs and restoration. In 1995 and 1999, the City of Tucson began replacing and rehabilitating the century old water distribution system in the Barrio. When residents of the Barrio saw the corroded condition of the water distribution system, the source of the water damaging their homes became clear. In 1999, they filed a claim with the City for these damages. The City denied liability. In 2006, the plaintiffs, represented by a large international law firm, brought suit for negligence, nuisance, and trespass. They lost the case. The same firm handled a successful appeal. The Court of Appeals determined that the trial court erred by refusing to clarify that the Plaintiffs need not prove negligence to establish trespass and nuisance liability. Further, the Court of Appeals held that the City's lawyer's arguments were improper. Therefore, the Court of Appeals remanded the case for retrial on trespass and nuisance. The Plaintiffs hired the Khalidi Law Firm, PLLC to represent them in the retrial. The Khalidi Law Firm, PLLC assembled a team of engineers, architects and other experts to investigate and testify. This was a complex case requiring experts in water distribution, soils engineering, hydrology, structural engineering and historic preservation. By maintaining focus on the central issues in the case and consulting with educators to present the material in a logical sequence, Khalidi Law Firm, PLLC ensured that the jury understood the scientific principles and mechanisms. The Plaintiffs made a pretrial demand of $2,300,000 through an offer of judgment. Defendants offered nothing. After 7 days in trial, the Plaintiffs asked the jury to award $3,045,000. After 5 hours of deliberation, the jury returned a verdict of $2,945,638.

Litigation

Settlement for Disability Insurance Termination

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OUTCOME: Settled for $710,000

A disability insurance company's error led to the wrongful termination of our client's disability benefits. After unsuccessfully attempting to correct the record and restore his benefits, we sued the ... insurance company. Had her benefits not been terminated, the cost to the insurance company would have paid an additional $82,000 over five years. Working with Washington-based firm, we settled the case for $710,000.

Litigation

Settlement for Lifeguard Negligence

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OUTCOME: Settled for $600,000

The Plaintiff was a University of Arizona graduate student who experienced a near-drowning at the school’s Student Recreation Center, where she was a regular lap swimmer. On the day in question, while ... swimming laps she sank to the bottom of the pool and stayed underwater for a prolonged period. Our standard of care expert testified that lifeguards failed to respond appropriately. Our investigation established that a security guard ran to the outdoor lap pool after spotting the lifeguards hovering over the pool and prodded them to rescue the Plaintiff. As a result of the delay, the Plaintiff was comatose and in full cardiac arrest when she was pulled out of the water. Though the Plaintiff emerged from the coma 30 days later and was reasonably functional, she was no longer able to continue her studies. Our team, composed of a water safety expert, labor market expert, neuropsychologists and economists, proved that as a result of the lifeguards’ negligence, the Plaintiff could no longer pursue her chosen career in water resource management. We recovered $600,000 for the Plaintiff.

Medical malpractice

Settlement for Medical Malpractice

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OUTCOME: Settled for $550,000

The Plaintiff was a 52-year old man who underwent cataract surgery. After the surgery his intraocular pressure rose to levels that could potentially damage the optic nerve. The surgeon prescribed medic ... ation to lower the intraocular pressure and instructed him to return in five days. The Plaintiff continued to have pain and returned for the follow up visit as directed. After approximately 15 days, the surgeon referred the Plaintiff to a retinal specialist, who immediately rushed him into emergency surgery. By that time, the Plaintiff had suffered irreversible damage to his optic nerve. Our standard of care experts were the Chair of the American Academy of Ophthalmology's Drafting Committee for Preferred Practice Patterns for Cataract Surgery and the former Editor-in-Chief of the Journal of Ophthalmology. During trial, we established that the defendant surgeon fell below the standard of care during surgery and failed to treat post-operative complications in a timely manner. We recovered for $550,000 for the Plaintiff.

Car accident

Verdict for Car/Auto Accident

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OUTCOME: Verdict for $312,000

The Plaintiff was 50-year-old engineer involved in a collision when the defendant made illegal left turn. As a result of the accident, the Plaintiff sustained cervical and lumbar strain and injuries. T ... he Plaintiff, who had mild pre-existing neck problems, developed chronic myofascial pain, for which no effective and long-lasting medical treatment is available. We made no claim for lost wages or future medical expenses; however, the Plaintiff established that he would have to manage this condition for the rest of his life. The defendant’s insurance company offered $33,000. The jury awarded the Plaintiff $312,000.

Litigation

Settlement for Bicycle Accident with Car

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OUTCOME: Settled for $310,000

The Plaintiff was a 69-year old man who unavoidably collided with a pick up truck that stopped suddenly in the path of his bicycle. The Plaintiff suffered a punctured lung, a broken scapula and a fract ... ured hip. Due to a lifelong healthy lifestyle, after a period of convalescence the Plaintiff resumed most of his leisure activities. We recovered the policy limits of $100,000 from the defendant driver and $210,000 from the Plaintiff's Underinsured Motorists Coverage.

Insurance

Settlement for Insurance Bad Faith

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OUTCOME: Settled for $250,000 and policy reinstatement

After the Plaintiff was diagnosed with cancer her insurance company canceled her medical insurance policy. The company claimed that policy would not have been issued if the Plaintiff had not misreprese ... nted her health condition. The Plaintiff claimed that she had answered the questions truthfully and had listed her medical conditions and medications as prompted by the application. Upon reviewing the application and correspondence, we discovered that the application did not provide an opportunity to reveal any of the allegedly disqualifying conditions. In addition, the application did not ask if she was a smoker, yet the company claimed that she should have revealed that she had discussed smoking cessation with her physician. After litigation and extensive discovery, the Plaintiff recovered $250,000 and the immediate reinstatement of her health insurance policy.

Medical malpractice

Settlement for Medical Malpractice

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OUTCOME: Settled for $75,000

The Plaintiff was a 39-year old woman who underwent bilateral cataract surgery. The surgeon implanted lenses of differing power in each eye, which the Plaintiff could not tolerate. When sued for neglig ... ence, the surgeon claimed he intended to implant the lenses to make one eye far-sighted and the other eye near-sighted. We then amended the Plaintiff’s suit to bring a claim for battery since the Plaintiff had specifically rejected the Defendant's suggestion to implant lenses in that manner. The Plaintiff needed to undergo further surgery to replace one of the lenses. We recovered $75,000 for Plaintiff.

Car accident

Arbitration Award for Car Wreck

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OUTCOME: Arbitration Award of $275,000

Plaintiffs were a couple in their fifties that was driving to the gym on Sunday morning when they were hit in a head-on collision by a drunk driver. The Plaintiff wife suffered aches and bruises. The P ... laintiff husband developed post-traumatic migraines and other symptoms of traumatic brain injury. Underinsured Motorist Insurer offered $24,000 for the husband’s injuries and $16,000 for wife's injuries. At arbitration, the Plaintiff husband was awarded $210,000. The Plaintiff wife was awarded $40,000 for her injuries and $25,000 for loss of consortium.

Thabet N Khalidi's Legal Cases (9)

Verdict for Owners of Historic Homes Damaged by City Water Leaks

Settlement for Disability Insurance Termination

Settlement for Lifeguard Negligence

Settlement for Medical Malpractice

Verdict for Car/Auto Accident

Settlement for Bicycle Accident with Car

Settlement for Insurance Bad Faith

Settlement for Medical Malpractice

Arbitration Award for Car Wreck