Soft-tissue injury treatment over four years disputed. $650K. San Francisco County.
Foreign tourist in San Francisco runs red light.
- Case Name: Chad Anthony vs. Li
- Court and Case Number: San Francisco Superior Court / CGC-16-551957
- Date of Verdict or Judgment: Tuesday, October 09, 2018
- Type of Action: Vehicles - Auto vs. Auto, Vehicles - Intersection
- Judge or Arbitrator(s): Hon. Leslie C. Nichols (Ret.)
- Plaintiffs: Chad Anthony, 42
- Defendants: Xiaobin Li
- Type of Result: Jury Verdict
- Gross Verdict or Award: $650,235
- Economic Damages:
Past Lost Earnings: $46,105
Past Medical Expenses: $49,130
Future Lost Earnings: $120,000
Future Medical Expenses: $260,00
- Non-Economic Damages:
Past Pain and Suffering: $100,000
Future Pain and Suffering: $75,000
- Attorney for the Plaintiff:
Anna Dubrovsky Law Group, Inc. by Anna Dubrovsky and Pavel Krepkiy, San Francisco.
- Attorney for the Defendant:
Matheny, Sears, Linkert & Jaime, LLP by Douglas A. Sears and Robert Sweetin, Sacramento.
- Plaintiff’s Medical Expert(s):
Gary Martinovsky, M.D., pain management, San Francisco.
Myron Marx, M.D., radiology, San Francisco.
Luba Kisilyuk, D.D.S., TMJ.
- Defendant's Medical Expert(s):
Bruce McCormack, M.D., neurosurgery, San Francisco.
Eric Smith, M.D., radiology.
Rebeka Silva, DMD, TMJ surgery, San Francisco.
- Plaintiff's Technical Expert(s):
Phillip Allman, Ph.D., economist, Oakalnd.
Facts and Background
- Facts and Background:
On June 14, 2014, plaintiff, plaintiff, a healthy 42-year old IRS employee, was traveling southbound on Battery Street in San Francisco. He entered the intersection with California Street on a green light when suddenly he saw a flash in front of him and felt an enormous impact. Defendant driver Xiaobin Li, a foreign tourist, traveling westbound on California Street in a rental vehicle, ran a red light and caused this collision. Both vehicles sustained major damage with airbag deployment, causing an impact to plaintiff’s face.
- Plaintiff's Contentions:
That injuries suffered by plaintiff were caused by defendant's negligent driving.
- Defendant's Contentions:
Defendant admitted liability since the crash was recorded on plaintiff’s dashboard camera. Defendant disputed the nature and extent of plaintiff’s injuries. Defendant claimed that there were no objective findings on plaintiff’s MRIs and that his TMJ condition was simply an aggravation of his pre-existing bruxism.
Injuries and Other Damages
- Physical Injuries claimed by Plaintiff:
For the next four years after the collision, plaintiff underwent treatment for his neck, back, wrist and TMJ disorder. The majority of the treatment was with Kaiser and a chiropractor in San Francisco and a TMJ specialist. In 2018, after outside MRIs were conducted and plaintiff was seen by an outside pain management doctor, Kaiser agreed to perform cervical injections. Plaintiff lost time off work due to his limitations and ongoing treatment.
Demands and Offers
- Plaintiff §998 Demand: $500,000
- Defendant Final Offer before Trial: $175,000
- Defendant Offer during Trial: $200,000