Marine injured in left-turn motorcycle crash. $4M. Orange County.

Summary

Active-duty marine suffers pelvic injuries, including his testicles.

The Case

Case Name: Doe v. Iyengar
Court and Case Number: Orange County Superior Court / 30-2019-01046042
Date of Verdict or Judgment: Thursday, March 24, 2022
Date Action was Filed: Wednesday, January 23, 2019
Type of Case: Negligence, Vehicles - Left Turn, Vehicles - Motorcycle
Judge or Arbitrator(s): Hon. Michael Strickroth
Plaintiffs:
John Doe, 36
Defendants:
Muralidharan Doreswamy Iyengar
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $4,000,000
Net Verdict or Award: $4,000,000
Contributory/Comparative Negligence: None.
Non-Economic Damages:
Past: $2,000,000

Future: $2,000,000
Trial or Arbitration Time: 5 days
Jury Deliberation Time: 4 hours
Jury Polls: 6 out of 8. 1 juror wished to award $7M total, 1 juror wished to award $2M total.

The Attorneys

Attorney for the Plaintiff:
Marcereau & Nazif by Robert Marcereau, Foothill Ranch.
Attorney for the Defendant:
Hartsyker, Stratman & Williams-Abrego by J. Dean Rice.

The Experts

Plaintiff’s Medical Expert(s):
Ken Wagner, M.D., orthopedic surgery, Fullerton.

Saroush Ramin, M.D., urology, Los Angeles.
Defendant's Medical Expert(s):
Neeraj Gupta, M.D., orthopedic surgery.

Edward Yun, M.D., urology.

Facts and Background

Facts and Background:
On August 12, 2018, defendant driver turned left in front of plaintiff’s motorcycle at an intersection. Plaintiff was ejected from his motorcycle at about 40 mph and suffered an “open book” pelvic fracture and a ruptured testicle.
Plaintiff's Contentions:
Plaintiff contended that defendant was negligent and that such negligence caused his injuries. About four months after the collision, plaintiff returned to restricted work as a Marine. Within eight months, he was able to pass the physical fitness test for active duty, which included things like running three miles, doing pull-ups, crunches, etc. By this time, he no longer walked with a limp and was back to working out at the gym six days a week. However, he still had pain and residual problems.

Even though he was very active and has no mobility issues, plaintiff still had pelvic pain with extended exercise and had reached maximum improvement. Plaintiff also experienced urinary issues since the collision. He never received treatment for the condition, but stated that it’s ongoing.
Defendant's Contentions:
Defendant stipulated to liability just before jury selection. Defendant contended that plaintiff made a great recovery and was very active, including going to the gym six days a week. Defendant argued that plaintiff's symptoms were subjective and there was no objective proof of his claimed problems. According to defendant's orthopedic and urology experts, plaintiff's symptoms didn’t match up with his injuries.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Pelvic fracture with internal fixation. Testicular injury with loss of one testicle. Residual pain and urinary issues.
Emotional distress, anxiety, humiliation.

Special Damages

Special Damages Claimed - Past Medical: None.
Special Damages Claimed - Future Medical: None.
Special Damages Claimed - Past Lost Earnings: None.
Special Damages Claimed - Future Lost Earnings: None.

Additional Notes

Plaintiff waived approximately $90,000 in past medical bills, and waived all claims for future medical bills. Plaintiff only claimed general damages.

Insurer: Farmers Insurance