Losing is not an option!!

The Appeal and Revival of AZIZ vs. KHAMMOO

    Our client, Mr. Aziz and his coworker, Mr. Khammoo had just completed a trek which began in Michigan and ended in Alabama in order to deliver auto parts on behalf of Metro Parcel & Freight when they started driving towards their final stop in Texas. Mr. Aziz, taking a break from driving, nestled into the sleeper cab of the truck to rest, which Mr. Khammoo continued driving. At approximately 3:37 am, Mr. Khammoo started feeling the same exhaustion, and this led him to experience every trucker’s worst nightmare—dozing off at the wheel. While only asleep for a few seconds, the semi-truck collided with the highway guardrail, veered off the highway, and crashed into two trees. Both occupants were injured, but in this case, Mr. Aziz was a victim of injuries due to Mr. Khammoo’s negligence of his duties as a truck operator. Mr. Aziz suffered a dislocated shoulder, neck and back spasms, and a closed-head injury as determined by hospital physicians. As a result, Mr. Aziz pursued legal action against Mr. Khammoo and Metro Parcel & Freights Inc., the owner of the truck, for pain and suffering, hiring our firm to represent him as a plaintiff.

     The defendants filed a motion to dismiss the case claiming Mr. Aziz did not suffer serious injuries and the even if he had experienced injuries, they had not impacted his life significantly. We countered the defendants’ claim by arguing that Mr. Aziz suffered a dislocated shoulder, neck and back pain, and a closed-headed injury. Even after presenting clear evidence supporting our claims, the trial dismissed the matter, and sided with the defendants. We felt this was an obvious injustice to our client, seeing as the court, even when presented with proper evidence, left our client seemingly hopeless.

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     We were not going to simply accept the verdict without pressing this case further—our client was in the right, after all. This accident had severe impacts on his everyday life, and the trial court had essentially dismissed the pain and suffering caused by the defendants’ negligence which had brought upon our client due to an unfair weighing of his closed-head injury. As a result of this undeniable injustice, our attorney Kevin Yaldoo filed an appeal, arguing that the closed-head injury argument had not been given the weight it deserved in court, and was not held to the McCormick test as proper practice entails. Kevin wrote up a clear explanation of the injustice brought upon Mr. Aziz in court and demanded that the case be revived. Oral arguments ensued on June 11th, 2019, highlighting the nature of how the McCormick laws interacted with our client’s closed-head injury, and emphasized the notion that our argument had not been considered fairly.

     After providing an undoubtable argument, the Appellate Court reassessed the lower court’s decision to close the case in favor of the defendant. On June 20th, 2019, the court released a decision which revives the case, acknowledging the argument Kevin delivered to the court and also acknowledging the merits of the case. As a result, the court decided to remand the case and allow it to continue for future proceedings. Injustice has no place in our world nor our courts, and it certainly has no place at Hakim, Toma, and Yaldoo, P.C., where we will always keep fighting for our clients, ensuring the results they deserve.

Hakim, Toma & Yaldoo, P.C.

Attorneys and Counselors at law
8424 E. 12 Mile Road #200
Warren, MI 48093

Contact Us

 

Call:    (855) 558-8250
Fax:    (855) 558-8250
Email: [email protected]

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Hakim, Toma & Yaldoo, P.C.

 

Attorneys and Counselors at law
8424 E. 12 Mile Road #200
Warren, MI 48093

Contact Us

 

Call:    (855) 558-8250
Fax:    (855) 558-8250
Email: [email protected]

Newsletter Sign Up