Eggshell plaintiff gets hit by driver making U-turn. $107K. San Diego County.
Summary
Allstate makes lowball offer and claims that plaintiff exaggerated his injury.
The Case
- Case Name: Kirsch v. Li
- Court and Case Number: San Diego Superior Court / 2018-46128
- Date of Verdict or Judgment: Thursday, July 22, 2021
- Date Action was Filed: Wednesday, September 12, 2018
- Type of Case: Vehicles - Auto vs. Auto, Vehicles - U Turn
- Judge or Arbitrator(s): Hon. Carolyn Caietti
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Plaintiffs: Mark Kirsch
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Defendants: Yulin LiGCP CIMIC CLINPLUS USA, INC.
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $107,475.62
- Net Verdict or Award: $107,475.62
- Contributory/Comparative Negligence: None.
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Economic Damages:
Past medical expenses: $57,475.62
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Non-Economic Damages:
Past: $50,000
- Trial or Arbitration Time: 4 days
- Jury Deliberation Time: 3 hours and 15 minutes
- Jury Polls: 12-0 on all questions.
- Post Trial Motions & Post-Verdict Settlements: None.
The Attorneys
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Attorney for the Plaintiff:
Rejali Law Firm, APC by Omid Rejali, San Diego.
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Attorney for the Defendant:
Law Offices of Micaela De la Carta by Jay Nunez, San Diego.
The Experts
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Plaintiff’s Medical Expert(s):
Yogesh Patel, M.D., pain management, Carlsbad. (Treating physician.)
Erik S. Viirre, neurology, San Diego. (Treating physician.)
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Defendant's Medical Expert(s):
Robert Eastlack, orthopedic surgery.
Jonathan Schleimer, neurology.
Facts and Background
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Facts and Background:
On October 6, 2016 plaintiff was driving on Cannon Road when defendant Yulin Li, while in the course and scope of her employment, made an illegal turn in front of plaintiff's vehicle, causing the two vehicles to collide.
Plaintiff was 68 years old at the time and was retired. He suffered from prior shoulder injuries (prior rotator cuff surgery in 2012); prior neck issues; prior back problems; prior right wrist problems and prior head injuries.
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Plaintiff's Contentions:
Plaintiff contended that his back, right wrist and low back all got worse as a result of the collision, but that with three months of treatment went back to baseline.
Plaintiff contended that his neck pain got worse because he was suffering from an inflamed facet injury, which required ongoing pain management treatment, specifically radiofrequency ablation treatment to burn the nerves.
Plaintiff also contended that he suffered a mild TBI and was susceptible to injury because of his prior history of head injuries. Plaintiff contended that his head injury caused his vertigo to become more frequent and more severe and last longer.
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Defendant's Contentions:
Liability was stipulated.
That plaintiff suffered a sprain/strain. That plaintiff did not suffer a concussion. That plaintiff's treatment was excessive, unnecessary and not reasonable. That plaintiff was not truthful.
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
Right wrist pain; low back pain; neck pain; concussion; left shoulder pain.
Special Damages
- Special Damages Claimed - Past Medical: $96,000
- Special Damages Claimed - Future Medical: $640,000
Additional Notes
Allstate's final offer was $7,700.
Plaintiff's counsel was hired by plaintiff three weeks before the initial trial date after his two prior attorneys had dropped his case.
Update: Allstate agreed to pay $2558.82 in costs.