T-bone crash triggers severe symptoms of plaintiff's congenital medical condition. $834K. Los Angeles County.

Summary

"Eggshell" plaintiff with congenital “Chiari malformation” suffers ongoing pain after rear-ender, and will require C-section to deliver a child.

The Case

Case Name: Andrea Juarez v. Thomas Ziegler
Court and Case Number: Los Angeles Superior Court / MC027195
Date of Verdict or Judgment: Wednesday, June 19, 2019
Date of Settlement: Friday, February 21, 2020
Date Action was Filed: Tuesday, June 20, 2017
Type of Case: Vehicles - Auto vs. Auto, Vehicles - Intersection
Judge or Arbitrator(s): Judge Randolph A. Rogers
Plaintiffs:
Andrea Juarez
Defendants:
Thomas Ziegler
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $834,650
Settlement Amount: $775,000 post-verdict
Contributory/Comparative Negligence: None.
Economic Damages:
Past medicaleExpenses $27,900

Loss of earnings $250

Future medical expenses $175,000
Non-Economic Damages:
Past: $325,500

Future: $306,000
Trial or Arbitration Time: 8 days.
Jury Deliberation Time: 3/4 day.
Jury Polls: 12-0
Post Trial Motions & Post-Verdict Settlements: Plaintiff awarded $22,320 for cost of proof sanctions for denying a request for admission. After defendant appealed, the case settled for $775,000 at an appellate mediation.

The Attorneys

Attorney for the Plaintiff:
Kuzyk Law, LLP by Mark J. Leonardo, Lancaster.
Attorney for the Defendant:
Kinkle, Rodiger and Spriggs by Michael F. Moon, Riverside.

The Experts

Plaintiff’s Medical Expert(s):
Abdallah S. Farrukh, M.D., neurosurgery, Lancaster.

Andrew S. Morris, D.C., medical billing, Torrance.

Ray H. Hashemi, M.D., radiology, Lancaster.
Defendant's Medical Expert(s):
Disqualified.
Plaintiff's Technical Expert(s):
Ted C. Bloomquist, M.S., biomechanical engineering/accident reconstruction.
Defendant's Technical Expert(s):
Jon Landerville, accident reconstuction.

Kathryn Dainty Davis, Ph.D., biomechanics, Los Angeles.

Facts and Background

Facts and Background:
On August 28, 2015, a sunny, clear, dry and warm day, at approximately 10:35 am, plaintiff, age 27 at the time, was operating her 2014 Honda Civic LX on her way to work, in Palmdale. She was traveling eastbound on Rancho Vista Blvd in the #2 lane at approximately 30 mph when defendant suddenly ran a stop sign coming out of a shopping mall parking lot and T-boned plaintiff's Honda on the passenger side with his 2013 Ford Edge.

Plaintiff’s Honda suffered substantial damage, including frame damage, which totaled nearly $7,200.
Plaintiff's Contentions:
That defendant was negligent and violated Vehicle Code section 21804 (failure to yield to an oncoming vehicle that constitutes an immediate hazard).

Plaintiff claimed personal injuries as a result.
Defendant's Contentions:
Defendant contended that he was not negligent and that plaintiff did not suffer the injuries claimed.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Plaintiff was born with a congenital disorder known as “Chiari malformation” which is a defect in the brain stem. Symptoms come on later in life or are triggered by trauma. Once triggered, the brain tissue at the back of the skull (the cerebellum) drops down into the spinal canal. At that point, the brain tissue and spinal cord compete for the same space. This oftentimes results in debilitating headaches as the brain tissue is squeezed when the person turns or bends his or her head.

For plaintiff, it also resulted in numbness and tingling down her upper extremities and also severely impacted her memory and concentration. This affected her with her schoolwork in college, at her job and in doing many daily activities of life.

Prior to the subject MVA, plaintiff was completely asymptomatic from this congenital condition. She and her medical experts testified at trial that the MVA triggered the debilitating symptoms from the Chiari Malformation. She also suffered neck and back injuries. The neurosurgeon expert testified that she required brain surgery to repair the Chiari malformation and that her pending birth would have to be via C-section rather than a regular vaginal birth as she had with her first child.

Special Damages

Special Damages Claimed - Past Medical: $27,817
Special Damages Claimed - Future Medical: $187,250
Special Damages Claimed - Past Lost Earnings: $258
Special Damages Claimed - Future Lost Earnings: None claimed.

Additional Notes

Defendants failed to attach their experts' medical reports to their Expert Designation on two occasions. Plaintiff moved to preclude the medical experts from testifying at trial and the court granted the motion. Defendants' expert radiologist and orthopedic surgeon were not able to testify. Defendant's final pre-trial offer was $19,947.88; Plaintiff had demanded the policy limits of $100,000.