Liability and extent of injuries disputed after van collides with bike. $2.6M. Alameda County.

Summary

Best Buy employee in van making a left turn strikes bicyclist. Non-economic damages award over $2 million.

The Case

Case Name: Carlos Chanchavac Tojin v. Best Buy Stores, L.P. and Scott Stuart Crichton
Court and Case Number: Los Angeles Superior Court / 20STCV00992
Date of Verdict or Judgment: Monday, October 21, 2024
Date Action was Filed: Wednesday, January 08, 2020
Type of Case: Bicycle Accident
Judge or Arbitrator(s): Hon. Michael Levanas
Plaintiffs:
Carlos Chanchavac Tojin, 56
Defendants:
Best Buy Stores
Scott Crichton (defendant driver)
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $2,688,866
Net Verdict or Award: $2,016,649.50
Economic Damages:
Past medical: $354,801

Future medical: $84,065
Non-Economic Damages:
Past: $1,250,000

Future: $1,000,000
Trial or Arbitration Time: 19 days
Jury Deliberation Time: 12 hours
Jury Polls: 9-3

The Attorneys

Attorney for the Plaintiff:
Heidari Law Group by Brian Witzer, and Arian Barkhordar, Los Angeles.
Attorney for the Defendant:
Prindle, Goetz, Barnes & Reinholtz by R. Derek Classen and Steve Maslauski, Long Beach.

The Experts

Plaintiff’s Medical Expert(s):
Jonathan Berkowitz, M.D., orthopedic surgery.

Pablo Pazmino, M.D., orthopedic spine surgery.

Kevin Hayavi, M.D., emergency medicine.

Rostam Khoshsar, M.D., pain management.

Lawrence Miller, M.D., pain management.

Rajan Patel, M.D., orthopedic surgery.

David E. Rogers, M.D., orthopedic surgery.

Andrew Thierry, M.D., neuroradiology.

Aminian, A. Kevin, M.D., neurology.

Jonathan Frank, M.D., orthopedic surgery.
Defendant's Medical Expert(s):
Michael D. Menchine, M.D., emergency medicine.

King, Brian F., M.D., neuroradiology.

Nancy Fraser Michalski, RN, BSN, billing.

Ronald S. Kvitne, M.D., orthopedic surgery.

Michael Weinstein, M.D., orthopedic spine surgery.
Plaintiff's Technical Expert(s):
Cole Young, MS PE, collision reconstruction.

Stephen M. Casner, Ph.D., human factors.
Defendant's Technical Expert(s):
Kenneth A. Solomon, Ph.D., accident reconstruction and human factors.

Facts and Background

Facts and Background:
On March 30, 2019, at approximately 3:50 p.m., an incident occurred at the intersection of Pico Blvd. and Berendo St., in the city of Los Angeles, wherein plaintiff was a bicyclist traveling eastbound on Pico Blvd. Defendant Crichton, operating a 2016 Ford Transit van while in the course and scope of his employment with Defendant Best Buy, was traveling westbound on Pico Blvd.

As plaintiff lawfully proceeded through the crosswalk (disputed), defendant executed a left turn onto southbound Berendo St., colliding with plaintiff. Plaintiff was thrown several feet across the roadway and landed on his back.
Plaintiff's Contentions:
That defendant Crichton violated California Vehicle Code section 21804 by failing to yield to plaintiff's right of way and was thereby negligent. Defendant Crichton was negligent and reckless in the operation of the vehicle owned by defendant Best Buy and was the direct and sole cause of the subject collision and plaintiff's injuries.
Defendant's Contentions:
Defendant denied liability for the collision and disputed the nature and extent of the injuries and damages suffered by plaintiff.

Defendant argued that plaintiff was riding his bike on the sidewalk and suddenly darted out into the street. Expert testimony showed the driver had less than 1.5 seconds of reaction time, and there was no crosswalk where plaintiff was proceeding. This intersection had no signs or signals of any kind.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Plaintiff suffered a mild traumatic brain injury and injuries to his lumbar spine, cervical spine, left knee, and right shoulder.

Plaintiff underwent the following surgeries: right shoulder debridement of partial rotator cuff tear with subacromial decompression; left knee arthroscopy and hypertrophic medial plica excision; and an anterior cervical discectomy and fusion.

Per defense counsel:

Plaintiff claimed a need for future neck and lower back surgery.

Demands and Offers

Plaintiff §998 Demand: $690,000 on May 3, 2021
Plaintiff Final Demand before Trial: $3,000,000
Plaintiff Demand during Trial: $2,000,000.
Defendant §998 Offer: $1,750,000.00 on August 29, 2024

Additional Notes

Plaintiff will also be awarded approximately $700,000 in prejudgment interest and approximately $298,000 in recoverable costs.

Per defense counsel:

Plaintiff's initial demand was $6 million. The pre-trial and during trial demand was $2 million in the face of defendant's 998 offer of $1.75 million. Plaintiff asked the jury to award $5.988 million.