Passenger in a medical transport van is injured during a collision at intersection. $1.2M. Los Angeles County.
Defendant blames a third party for causing the collision.
- 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
- Judge or Arbitrator(s): Hon. Bobbi Tillmon
- Plaintiffs: Anna Kozlovsky, 41, bookkeeper.
- Defendants: Vitaliy ZilbershertynNew Century Medical Transportation, Inc.
- Type of Result: Jury Verdict
- Gross Verdict or Award: $1,200,000
- Economic Damages:
Future medical expenses: $400,000
- Non-Economic Damages:
- 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.
- 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.
- 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 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