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.


The Case

  • 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 Case: Negligence, Vehicles - Intersection
  • Judge or Arbitrator(s): Hon. Bobbi Tillmon
  • Plaintiffs:
    Anna Kozlovsky, 41, bookkeeper.
  • Defendants:
    Vitaliy Zilbershertyn
    New Century Medical Transportation, Inc.
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: $1,200,000
  • Economic Damages:

    Future medical expenses: $400,000 

  • Non-Economic Damages:

    Past: $400,000

    Future: $400,000 

  • 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.

The Attorneys

  • 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.

The Experts

  • 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

  • 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

Additional Notes

Insurer: Gateway Insurance Company dba Alano Insurance Company