Passenger in a medical transport van is injured during a collision at intersection. $1.2M. Los Angeles County.

Summary

Defendant blames a third party for causing the collision.

 

The Case

  • Case Name: Anna Kozlovsky v. Vitaliy Zilbershertyn and New Century Medical Transportation, Inc.
  • Court and Case Number: Los Angeles Superior Court / BC659347
  • Date of Verdict or Judgment: Wednesday, January 22, 2020
  • Date Action was Filed: Thursday, April 27, 2017
  • Type of Action: Negligence, Vehicles - Intersection, Highlighted Verdicts
  • Judge or Arbitrator(s): Hon. Bobbi Tillmon
  • Plaintiffs:
    Anna Kozlovsky, 41, bookkeeper.
  • Defendants:
    Vitaliy Zilbershertyn
    New Century Medical Transportation, Inc.
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: $1,200,000
  • Economic Damages:

    Future medical expenses: $400,000 

  • Non-Economic Damages:

    Past: $400,000

    Future: $400,000 

  • Trial or Arbitration Time: 8 days.
  • Jury Deliberation Time: 5 hours.
  • Jury Polls: 12-0 on all questions.
  • Post Trial Motions & Post-Verdict Settlements: RFA cost of proof sanctions. Defendants have moved for a new trial and judgment notwithstanding the verdict.

The Attorneys

  • Attorney for the Plaintiff:

    Law Offices of Brian Breiter by Chance J. Pardon and Brian J. Breiter, Los Angeles.

  • Attorney for the Defendant:

    Heath & Yuen, APC by Steven W. Yuen and Stephen B. Heath, San Francisco.

The Experts

  • Plaintiff’s Medical Expert(s):

    Jason M. Cuellar, M.D., Ph.D., orthopedic surgery, Beverly Hills.

  • Defendant's Medical Expert(s):

    Clive M. Segil, M.D., orthopedic surgery, Los Angeles.

  • Plaintiff's Technical Expert(s):

    Jon Landerville, MSME, P.E., accident reconstruction.

    Arthur C. Croft, Ph.D., DC, MPH, whiplash trauma, San Diego.

  • Defendant's Technical Expert(s):

    Dean Keith Stolworthy, Ph.D., P.E., CXLT, accident reconstruction, Livermore.

Facts and Background

  • Facts and Background:

    On September 28, 2015, plaintiff was a passenger in a medical transport van owned by defendant New Century Medical Transportation, Inc. and driven by its employee, defendant Vitaliy Zilbershertyn. The van was involved in a collision with another vehicle at the intersection of Santa Monica Boulevard and Beloit Avenue in the City of Los Angeles.

  • Plaintiff's Contentions:

    That defendants ran a red light and were 100% at fault for the collision. Further, that the collision caused injuries to her lumbar spine that require future surgery.

  • Defendant's Contentions:

    That a third-party driver ran a red light and caused the collision. Also, that plaintiff was not wearing her seat belt at the time of the collision. Finally, that plaintiff only suffered bruising and strain/sprains to her neck and back that required no future treatment.

Injuries and Other Damages

  • Physical Injuries claimed by Plaintiff:

    Annular tear, protrusion, and bulge (herniation) at L4-L5; Bulge at L5-S1. Neck sprain/strain. Back sprain/strain. Bruising.

Special Damages

  • Special Damages Claimed - Past Medical: Waived.
  • Special Damages Claimed - Future Medical: $300,000-400,000

Demands and Offers

  • Plaintiff §998 Demand: $100,000
  • Plaintiff Demand during Trial: $999,999
  • Defendant §998 Offer: $45,000.01
  • Defendant Offer during Trial: $100,000

Additional Notes

Insurer: Gateway Insurance Company dba Alano Insurance Company

Disclaimer

This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.

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