Liability conceded but extent of injuries disputed.
The defendant driver, a senior director for Mazda, was dismissed prior to trial.
Future medical expenses: $182,500
Past pain and suffering: $400,000
Future pain and suffering: $1,500,000
Law Offices of Brian J. Breiter, LLP by Brian Breiter and Chance Pardon, Los Angeles.
Small, Henstridge, Cabodi & Pyles, LLP by Robert Henstridge and Ladan Shelechi, Laguna Hills.
Hyman Gross, M.D., neurology; Santa Monica.
Charles Rosen, M.D., orthopedic surgery (general/spine), Long Beach.
Khyber Zaffarkhan, D.O., physical medicine & rehabilitation/life care planning, Newport Beach.
Deborah Cresswell, Ph.D., psychology; Encino.
Gregory Whitman, M.D., neurology; Irvine.
Kent Adamson, M.D., orthopedic surgery, Mission Viejo.
Frederic Edelman, M.D., neurosurgery, Los Angeles.
Manuel Saint Martin, M.D., J.D., psychiatry, Los Angeles.
On September 15, 2015, plaintiff was a passenger in a vehicle driven by John Abel, an employee of defendant Mazda Motor of America, Inc., in the course and scope of his employment. They were involved in a vehicle collision at the intersection of MacArthur Boulevard and Redhill Avenue in the City of Irvine.
Mr. Abel made a left turn against a red arrow, causing the collision. Both vehicles were totaled and plaintiffs was transported to the hospital via ambulance. Plaintiff received consistent treatment from healthcare providers through the time of trial.
That defendant's negligent driving caused all of plaintiff's injuries.
Defendant conceded the disc surgery and damages related to same. Plaintiff also claimed a mild TBI (Dr. Gross plaintiff neurologist), spinal cord compression – permanent ataxia (gait instability permanent), adjacent disc level replacement within several years, total shoulder replacement – within 10 years (left arm) and AC joint surgery present (left arm ) by Dr. Rosen – orthopedic spine surgeon. Live-in home nursing care within the next year for the rest of plaintiff’s life (Dr. Rosen and Dr. Zaffarkhan – life care planner and pain medicine specialist. PTSD and chronic depression (Dr. Gross and Dr. Cresswell PHD. psychologist.)
Defense experts disagreed with claims of TBI, PTSD, total shoulder replacement, gait instability, life-time in-home care and adjacent level surgery.
Disc herniation and extrusion at C5-C6-C7 that resulted in an artificial disc replacement at those two levels. Concussion and post-concussion syndrome resulting in balance issues. Traumatic arthritis to left shoulder.
Plaintiff asked jury to award $11+ million in damages in closing argument.
Plaintiff demanded $6 million to settle while the jury was deliberating.
Defense offer was $650,000 prior to the start of plaintiff’s case in chief.
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