Defendants dispute liability and damages in rear-ender. $147K. Fresno County.

Summary

Twenty-two visits to chiropractor and an MRI that reveals scoliosis.

The Case

  • Case Name: Nishan Mikhalli v. Eugenio Cayetano Galindo Estrada and Irma Juarez
  • Court and Case Number: Fresno County Superior Court / 20CECG02118
  • Date of Verdict or Judgment: Wednesday, August 24, 2022
  • Date Action was Filed: Tuesday, July 21, 2020
  • Type of Case: Vehicles - Auto vs. Auto, Vehicles – rear-ender
  • Judge or Arbitrator(s): Hon. D. Tyler Tharpe
  • Plaintiffs:
    Nishan Mikhalli, 43, diesel diagnostic tech at commercial truck repair store
  • Defendants:
    Eugenio Cayetano Galindo Estrada (driver)
    Irma Juarez (wife of defendant driver and owner of vehicle involved)
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: $147,988.10
  • Net Verdict or Award: $121,778.89
  • Economic Damages:

    $11,778.89

  • Non-Economic Damages:

    $110,000

  • Trial or Arbitration Time: 3 days
  • Jury Deliberation Time: 1 hour

The Attorneys

  • Attorney for the Plaintiff:

    Baradat & Paboojian by Nolan C. Kane, Fresno.

  • Attorney for the Defendant:

    Chavez Legal Group by Ruth Hess, Orange.

The Experts

  • Plaintiff’s Medical Expert(s):

    Vartan Djabrayan, D.C.

Facts and Background

  • Facts and Background:

    On April 21, 2020 plaintiff was rear-ended by Mr. Estrada who was driving his wife's vehicle.

  • Plaintiff's Contentions:

    That plaintiff suffered soft-tissue whiplash injuries due to the collision caused by defendant.

  • Defendant's Contentions:

    Defendants disputed liability and damages.

Injuries and Other Damages

  • Physical Injuries claimed by Plaintiff:

    Plaintiff suffered soft-tissue whiplash injuries. The day of the accident he presented himself to the emergency department. He followed up with 22 visits to the chiropractor and underwent an MRI. MRI revealed scoliosis – sideways curvature of the spine. 

  • Plaintiff missed two months of work due to his injuries.

Special Damages

  • Special Damages Claimed - Past Medical: $5,898.89
  • Special Damages Claimed - Past Lost Earnings: $5,880

Demands and Offers

  • Plaintiff §998 Demand: $15,000
  • Plaintiff Final Demand before Trial: $15,000
  • Defendant §998 Offer: $10,000
  • Defendant Final Offer before Trial: $1,000