Injuries disputed after T-bone crash. $4.2M. Los Angeles County.

Summary

Injury seems minor at crash site with minimal property damage; plaintiff later claims need for brain surgery.

The Case

Case Name: Rebecca Faessel v. Florence Lisa Hartigan
Court and Case Number: Los Angeles Superior Court / 20STCV17233
Date of Verdict or Judgment: Wednesday, September 25, 2024
Date Action was Filed: Wednesday, May 06, 2020
Type of Case: Vehicles - Intersection
Judge or Arbitrator(s): Hon. Gregory Alarcon
Plaintiffs:
Rebecca Faessel
Defendants:
Florence Lisa Hartigan
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $4,262,980
Non-Economic Damages:
Past: $1,728,760

Future: $2,534,220
Jury Polls: 11-1 on substantial factor and on damages.
Post Trial Motions & Post-Verdict Settlements: The verdict has been paid in full.

The Attorneys

Attorney for the Plaintiff:
Law Offices of Brian J. Breiter, LLP by Brian Breiter and Jeff Twomey, Los Angeles.
Attorney for the Defendant:
Knapp, Petersen & Clarke by Steve Pasarow and Adam Mikaelian , Glendale.

The Experts

Plaintiff’s Medical Expert(s):
Avery Knapp, M.D., neuroradiology.

Fardad Mobin, M.D., neurosurgery.
Defendant's Medical Expert(s):
Arthur Kowell, M.D., neurology.

Barry Pressman, M.D., (neuroradiology.

Brian Grossman, M.D., orthopedics.

Facts and Background

Facts and Background:
26-year-old plaintiff was T-boned at the intersection of Kingsley Drive and Rosewood Ave in Los Angeles on June 5, 2018. Defendant was driving a Toyota Prius when she ran a stop sign (undisputed) and struck the front-passenger wheel well of plaintiff's VW Tiguan. No airbags deployed, neither of the vehicles were totaled, and plaintiff did not leave in an ambulance. There was little visible damage to plaintiff's vehicle although the axle was damaged. Her first medical care was two days after the accident when she went to a chiropractor, whom she had already been seeing for over a year prior to the collision. Prior to the collision, she told her chiropractor that she had a history of chronic headaches since her early 20s and in the year before the collision she reported headaches multiple times.

In March 2020, plaintiff was diagnosed with a Chari-1 malformation, a congenital condition that results in the cerebellum descending into the spinal canal, that can cause headaches. In November 2023, she underwent brain surgery (suboccipital craniectomy, C1 laminectomy, and duraplasty) to fix the Chiari.
Plaintiff's Contentions:
That the crash caused plaintiff's asymptomatic congenital Chiari to become symptomatic, necessitating brain surgery. Plaintiff's pre-crash headaches were minor, intermittent, and due to stress and/or her menstrual cycle. After the collision, she had much more frequent and severe headaches and migraines.
Defendant's Contentions:
That plaintiff only suffered a soft-tissue cervical sprain/strain that resolved within 6-12 months. The Chiari was congenital and symptoms predated the crash. The first reported migraine was May 2019, almost a year after the crash. Need for surgery was due to the longstanding congenital issue that was unrelated to the crash.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Chari-1 malformation, a congenital condition that results in the cerebellum descending into the spinal canal, that can cause headaches. In November 2023, she underwent brain surgery (suboccipital craniectomy, C1 laminectomy, and duraplasty) to fix the Chiari. After the surgery, her headaches improved but she had new onset of left arm numbness, weakness, and significant loss of motor control. This is a known risk of the surgery but all doctors agree it will likely improve over time as her nervous system heals.

Special Damages

Special Damages Claimed - Past Medical: Waived
Special Damages Claimed - Future Medical: Waived
Special Damages Claimed - Past Lost Earnings: Waived
Special Damages Claimed - Future Lost Earnings: Waived

Demands and Offers

Plaintiff §998 Demand: $100,000.
Defendant Offer during Trial: $1,250,000

Additional Notes

Defendant had a $100,000 insurance policy that was demanded pre-lit, then plaintiff sent a 998 for $100,000 after filing of the complaint. Defense served a 998 for $600,000 before trial which was increased to $1,250,000 during trial. A low/high agreement was agreed to by the parties during trial.

The defense conceded that the $100,000 policy had been opened. Plaintiff did not send any written demands or 998s after that point but told the defense attorneys informally that she would not settle for anything below seven figures.