Eggshell plaintiff injured in left-turn crash. $382.9K. Los Angeles County.

Summary

Minor-impact accident contributed to later need for back surgery.

Gross Verdict or Award: $382,914
Net Verdict or Award: $382,914
Economic Damages:
Past medical: $332,914
Non-Economic Damages:
Past: $50,000
Trial or Arbitration Time: 5 days
Jury Polls: 12-0 causation; 11-1 past economic damages; past noneconomic damages: 10-2
Post Trial Motions & Post-Verdict Settlements: Plaintiff will be filing cost of proof sanctions, JNOV & new trial on past noneconomics.

Attorney for the Plaintiff:
Rejali Law Firm by Omid Rejali, San Diego.

Law Offices of Oscar Ischiu by Oscar Ischiu, West Covina.
Attorney for the Defendant:
Macdonald & Cody by Joseph Fitzgerald and Melissa Ogunnubi, Monrovia.

Plaintiff's Medical Expert(s):
Pranay Patel, M.D. (Treating physician.)

Joseph Enayati, DO (Treating physician)
Defendant's Medical Expert(s):
Amandeep Bhalla, M.D., orthopedic surgery.

Richard Rhee, M.D., radiology.
Plaintiff's Technical Expert(s):
Vijay Gupta, Ph.D., accident reconstruction/biomechanics.

Andrew Morris, billing.
Defendant's Technical Expert(s):
Kenneth Solomon, Ph.D., accident reconstruction/biomechanics.

Facts and Background:
On October 28, 2019 defendant caused a collision by making a left-hand turn in plaintiff's line of travel. Plaintiff, a 26-year-old actress, had pre-existing back injuries from a more serious collision a few years prior to the subject collision.
Plaintiff's Contentions:
That defendant's negligence contributed to plaintiff's pre-existing injuries. Plaintiff was more susceptible to injury and as a result of the collision developed nerve pain in her low back necessitating a microdiscectomy surgery and a LinQ procedure to manage pain.
Defendant's Contentions:
Defendants contended that this was a minor impact and the forces of the collision were not sufficient to cause injury. That plaintiff did not immediately go to the emergency room. Defendant showed social media photos and claimed that they were inconsistent with plaintiff’s claim of ongoing injury years after the accident. Defendant contended that if plaintiff was injured, it was only a sprain/strain that would have resolved within three to four months post-accident, and only treatment within this time frame totaling approximately $16,000 for emergency room, PT and chiro was reasonable and necessary. Defendant also pointed out to jury that all of plaintiff's medical treatment was procured through liens.

Defendant's biomechanics expert testified that the delta-v was 2-3 mph.

Physical Injuries claimed by Plaintiff:
Neck pain. Nerve injury in the L4/L5 region requiring surgery.

SI joint pain requiring joint fusion surgery.