Defendant driver admits liability in crash with motorcycle, but disputes need for future treatment. $1.6M. Los Angeles County.

Summary

Left-turn accident at intersection leaves motorcycle driver with serious leg, hip and knee injuries.

The Case

Case Name: LeClair v. Morton
Court and Case Number: Superior Court of Los Angeles / 19STCV23903
Date of Verdict or Judgment: Tuesday, March 08, 2022
Date Action was Filed: Wednesday, July 10, 2019
Type of Action: Vehicles - Left Turn, Vehicles - Motorcycle
Judge or Arbitrator(s): Hon. Randy Rhodes
Plaintiffs:
Stephen LeClair, 60, artist
Defendants:
Grace Morton
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $1,609,904
Economic Damages:
Past medical expenses: $181,500
Future medical expenses: $128,404
Non-Economic Damages:
Past: $400,000
Future: $900,000
Trial or Arbitration Time: 3 days
Jury Deliberation Time: 2 hours
Jury Polls: 12-0

The Attorneys

Attorney for the Plaintiff:
Panish Shea Boyle Ravipudi LLP by Robert Glassman and Jon Davidi, Los Angeles.
Attorney for the Defendant:
Tyson & Mendes, LLP by Kara Pape and Alexandra LaMonica, Los Angeles.

The Experts

Plaintiff’s Medical Expert(s):
Rajan Patel, M.D., orthopedic surgery, Los Angeles (Treating physician.)
Daniel Allison, M.D., orthopedic surgery, Los Angeles. (Treating physician.)
Defendant's Medical Expert(s):
Stephen Mikulak, M.D., orthopedics, Newport Beach.
Plaintiff's Technical Expert(s):
None.
Defendant's Technical Expert(s):
Nancy Fraser Michalski, billing.

Facts and Background

Facts and Background:
On March 30, 2019, plaintiff was driving his Ducati motorcycle northbound on La Cienega Blvd. on his way home. As plaintiff was approaching the intersection with Melrose Place, defendant attempted to make a left turn from Melrose Place onto southbound La Cienega Blvd. Plaintiff collided with defendant's vehicle, flew in the air, and landed in the middle of the road.
Plaintiff was taken by ambulance to Cedars-Sinai Medical Center, where he was diagnosed with a comminuted fracture of the femoral neck. He underwent an emergency hip replacement the next morning with Dr. Daniel Allison. As plaintiff was recovering from his hip surgery, his knee pain continued to worsen. He later discover that he suffered a torn meniscus in his right knee as a result of the collision. He underwent an arthroscopic knee surgery six months after the collision.
Plaintiff's Contentions:
All of plaintiff's injuries were related to the collision and severely impacted his activities of daily living. Plaintiff continued to walk with an abnormal gait, could no longer snowboard, surf, walk long distances, or exercise in the way he used to. Plaintiff would require a future hip revision surgery because the prosthetic would wear out over time. Plaintiff would require a partial knee replacement on his right knee.
Defendant's Contentions:
Defendant admitted liability and conceded that plaintiff's hip and knee injuries were related to the crash. However, defendant disputed that plaintiff would need a revision surgery and contended that plaintiff was able to continue with most of his pre-collision activities.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Comminuted fracture of the right femoral neck. Torn meniscus of the right knee.

Special Damages

Special Damages Claimed - Past Medical: $181,500
Special Damages Claimed - Future Medical: $232,500
Special Damages Claimed - Past Lost Earnings: None.
Special Damages Claimed - Future Lost Earnings: None.

Demands and Offers

Plaintiff §998 Demand: $1,425,000 in December of 2020.
Defendant §998 Offer: $900,000 two weeks before trial.

Additional Notes

Defendant's insurer: AIG

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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.