Defendant driver runs over foot of man in crosswalk. $2.7M. Los Angeles County.
Pedestrian sustains serious nerve injury to foot, but no broken bones. Defense denies liability and extent of injury.
- Case Name: Michael Green v. Mohamad Navab
- Court and Case Number: Los Angeles Superior Court / 20STCV27708
- Date of Verdict or Judgment: Monday, April 11, 2022
- Date Action was Filed: Wednesday, July 22, 2020
- Type of Action: Vehicles - vs. Pedestrian
- Judge or Arbitrator(s): Hon. Gregory W. Alarcon
- Plaintiffs: Michael Green, age 32
- Defendants: Mohamad Navab
- Type of Result: Jury Verdict
- Gross Verdict or Award: $2,764,982
- Contributory/Comparative Negligence: Defendant 100 percent negligent for the incident.
- Economic Damages:
Past medical expenses: $95,000
Future medical expenses: $959,982
- Non-Economic Damages:
- Trial or Arbitration Time: 13 days
- Jury Deliberation Time: 3 days
- Attorney for the Plaintiff:
Panish | Shea | Boyle | Ravipudi LLP by Adam Shea, Nicholas Yoka and Spencer Lucas, Los Angeles.
Law Offices of Jeffrey A. Shane by Jeffrey Shane, Los Angeles.
- Attorney for the Defendant:
Edlin Gallagher Huie + Blum by Fred M. Blum, Michael E. Gallagher and J. Kyle Gaines, Los Angeles.
Statman, Schwartz & Williams-Abrego by Jeffrey E. Lerman, Los Angeles.
- Plaintiff’s Medical Expert(s):
Joshua Prager, M.D., pain management.
Carl Hess, M.D., pain management.
David J. Soomekh, DPM, foot and ankle surgery.
F. David Rudnick, M.D., neuropsychiatry.
Marilyn S. Jacobs, Ph.D., Psy.D., ABPP, clinical psychology.
Jan Roughan, R.N., life care planning.
- Defendant's Medical Expert(s):
Leon Barkodar, M.D., neurology.
Arthur Fass, DMP, foot and ankle surgery.
Adrienne Meier, Ph.D., psychology.
Mary Jesko, Ph.D., life care planning.
- Plaintiff's Technical Expert(s):
Jon Landerville, accident reconstruction/human factors.
John Brault, biomechanics.
Peter Formuzis, Ph.D., economics.
- Defendant's Technical Expert(s):
Wilson C. Hayes, Ph.D., accident reconstruction/human factors/biomechanics.
Constantine M. Boukidis, economics.
Facts and Background
- Facts and Background:
On September 27, 2018, plaintiff, male age 32, was walking northbound in a marked pedestrian crosswalk at the intersection of Holloway Drive and Palm Avenue. At the same time, defendant was driving his vehicle westbound on Holloway Drive and approaching Palm Avenue where he encountered at least two vehicles stopped in front of him. With only one lane for travel in each direction and parking lanes on both sides, defendant attempted to pass the stopped vehicles by proceeding into the parking lane on the right side.
Without warning, defendant's vehicle entered the marked crosswalk and the left front tire of the vehicle ran over plaintiff''s left foot. At least 800 pounds of force was applied to plaintiff's foot as a result of the incident.
- Plaintiff's Contentions:
That due to defendant's negligence, plaintiff suffered nerve injuries and was eventually diagnosed with Complex Regional Pain Syndrome (CRPS). Plaintiff did not have any broken bones in his left foot or ankle.
At trial, plaintiff's counsel presented evidence of defendant's negligence through a single third-party witness, an investigating police officer, and experts in accident reconstruction and biomechanics. In addition, counsel presented evidence of plaintiff's damages through plaintiff's treating physicians and experts in the field of Complex Regional Pain Syndrome.
- Defendant's Contentions:
The defense disputed liability until the end, including arguing that plaintiff was at fault because he was not paying attention. The defense also argued that plaintiff did not have CRPS, or any residual injuries from the incident, and supported this argument with hours of sub rosa surveillance videos. The defense had two private investigators follow plaintiff for over 400 hours in an attempt to show he had no signs of injury or pain.
Injuries and Other Damages
- Physical Injuries claimed by Plaintiff:
Over the course of the next three years after the incident, plaintiff participated in a variety of treatments for his injured foot including peroneal, tarsal tunnel, and calcaneal nerve release procedures, as well as three lumbar sympathetic blocks, several cortisol injections to the foot, and a temporary spinal cord stimulator – an implanted device that sends low levels of electricity directly into the spinal cord to relieve pain. Since CRPS is a lifelong disease and plaintiff has had good results in lessening his pain with the temporary spinal cord stimulator, it is recommended that the 32-year-old undergo another procedure to have a permanent spinal cord stimulator placed in his body for the rest of his life.
Emotional injuries, including depression and anxiety.
Demands and Offers
- Defendant Final Offer before Trial: $1,150,000