Defendant driver runs over foot of man in crosswalk. $2.7M. Los Angeles County.

Summary

Pedestrian sustains serious nerve injury to foot, but no broken bones. Defense denies liability and extent of injury.

The Case

Case Name: Michael Green v. Mohamad Navab
Court and Case Number: Los Angeles Superior Court / 20STCV27708
Date of Verdict or Judgment: Monday, April 11, 2022
Date Action was Filed: Wednesday, July 22, 2020
Type of Case: Vehicles - vs. Pedestrian
Judge or Arbitrator(s): Hon. Gregory W. Alarcon
Plaintiffs:
Michael Green, age 32
Defendants:
Mohamad Navab
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $2,764,982
Contributory/Comparative Negligence: Defendant 100 percent negligent for the incident.
Economic Damages:
Past medical expenses: $95,000

Future medical expenses: $959,982
Non-Economic Damages:
Past: $450,000

Future:$1,250,000
Trial or Arbitration Time: 13 days
Jury Deliberation Time: 3 days

The Attorneys

Attorney for the Plaintiff:
Panish | Shea | Boyle | Ravipudi LLP by Adam Shea, Nicholas Yoka and Spencer Lucas, Los Angeles.

Law Offices of Jeffrey A. Shane by Jeffrey Shane, Los Angeles.
Attorney for the Defendant:
Edlin Gallagher Huie + Blum by Fred M. Blum, Michael E. Gallagher and J. Kyle Gaines, Los Angeles.

Statman, Schwartz & Williams-Abrego by Jeffrey E. Lerman, Los Angeles.

The Experts

Plaintiff’s Medical Expert(s):
Joshua Prager, M.D., pain management.

Carl Hess, M.D., pain management.

David J. Soomekh, DPM, foot and ankle surgery.

F. David Rudnick, M.D., neuropsychiatry.

Marilyn S. Jacobs, Ph.D., Psy.D., ABPP, clinical psychology.

Jan Roughan, R.N., life care planning.
Defendant's Medical Expert(s):
Leon Barkodar, M.D., neurology.

Arthur Fass, DMP, foot and ankle surgery.

Adrienne Meier, Ph.D., psychology.

Mary Jesko, Ph.D., life care planning.
Plaintiff's Technical Expert(s):
Jon Landerville, accident reconstruction/human factors.

John Brault, biomechanics.

Peter Formuzis, Ph.D., economics.
Defendant's Technical Expert(s):
Wilson C. Hayes, Ph.D., accident reconstruction/human factors/biomechanics.

Constantine M. Boukidis, economics.

Facts and Background

Facts and Background:
On September 27, 2018, plaintiff, male age 32, was walking northbound in a marked pedestrian crosswalk at the intersection of Holloway Drive and Palm Avenue. At the same time, defendant was driving his vehicle westbound on Holloway Drive and approaching Palm Avenue where he encountered at least two vehicles stopped in front of him. With only one lane for travel in each direction and parking lanes on both sides, defendant attempted to pass the stopped vehicles by proceeding into the parking lane on the right side.

Without warning, defendant's vehicle entered the marked crosswalk and the left front tire of the vehicle ran over plaintiff''s left foot. At least 800 pounds of force was applied to plaintiff's foot as a result of the incident.
Plaintiff's Contentions:
That due to defendant's negligence, plaintiff suffered nerve injuries and was eventually diagnosed with Complex Regional Pain Syndrome (CRPS). Plaintiff did not have any broken bones in his left foot or ankle.

At trial, plaintiff's counsel presented evidence of defendant's negligence through a single third-party witness, an investigating police officer, and experts in accident reconstruction and biomechanics. In addition, counsel presented evidence of plaintiff's damages through plaintiff's treating physicians and experts in the field of Complex Regional Pain Syndrome.
Defendant's Contentions:
The defense disputed liability until the end, including arguing that plaintiff was at fault because he was not paying attention. The defense also argued that plaintiff did not have CRPS, or any residual injuries from the incident, and supported this argument with hours of sub rosa surveillance videos. The defense had two private investigators follow plaintiff for over 400 hours in an attempt to show he had no signs of injury or pain.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Over the course of the next three years after the incident, plaintiff participated in a variety of treatments for his injured foot including peroneal, tarsal tunnel, and calcaneal nerve release procedures, as well as three lumbar sympathetic blocks, several cortisol injections to the foot, and a temporary spinal cord stimulator – an implanted device that sends low levels of electricity directly into the spinal cord to relieve pain. Since CRPS is a lifelong disease and plaintiff has had good results in lessening his pain with the temporary spinal cord stimulator, it is recommended that the 32-year-old undergo another procedure to have a permanent spinal cord stimulator placed in his body for the rest of his life.
Emotional injuries, including depression and anxiety.

Demands and Offers

Defendant Final Offer before Trial: $1,150,000

Additional Notes

Insurers: Hudson Insurance Group for the umbrella policy and 21st Century Insurance Policy for the underlying policy.