Man hit in crosswalk suffers major spine injury. $13.7M. San Diego County.

Summary

Truck driver with pre-existing condition is unable to return to work after being struck in crosswalk.

Case Name: Muhlbach v. Navarro
Court and Case Number: San Diego Superior Court / 37-2023-00003160-CU-PA-CTL
Date of Verdict or Judgment: Wednesday, February 26, 2025
Date Action was Filed: Tuesday, January 24, 2023
Type of Case: Vehicles - vs. Pedestrian
Judge or Arbitrator(s): Hon. Gregory W. Pollack
Plaintiffs:
Frank Muhlbach
Defendants:
Luz Araceli Rivera Navarro
Type of Result: Jury Verdict

Gross Verdict or Award: $13,698,662
Economic Damages:
Past medical: $$491,456

Past lost earnings: $251,052

Future medical: $1,536,682

Future lost earnings: $669,472
Non-Economic Damages:
Past: $2,250,000

Future: $8,500,000
Jury Deliberation Time: 2-day, 9-hour deliberation
Jury Polls: 9-3

Attorney for the Plaintiff:
Singleton Schreiber LLP by Carmela S. Birnbaum, Matthew Clendenin and Karlie Ruder, San Diego.
Attorney for the Defendant:
Harvey Case Fedor by Tony Case and Jason Ogawa, San Diego.

Plaintiff's Medical Expert(s):
Vinko Zlomislic, M.D., orthopedic surgery. (Treating physician.)

Bill Tontz, Jr., M.D., orthopedic surgery.

Doug Dobecki, M.D., pain medicine.
Defendant's Medical Expert(s):
Luke Bremner, M.D., orthopedic surgery.

Steve Molina, rehabilitation.
Plaintiff's Technical Expert(s):
Brook Feerick,, life care planning.

Rick Sarkisian, vocational rehabilitation.
Defendant's Technical Expert(s):
Michael Martinez, RN, life care planning.

Karen Fowler, medical practices.

Facts and Background:
Plaintiff, 59, was struck by a vehicle while walking his dog in a crosswalk in Chula Vista. His insurance carrier, Kemper Auto Insurance, refused to pay out his $15,000 policy by claiming that his insurance had lapsed prior to the injury.
Plaintiff's Contentions:
That defendant driver's negligence was the sole cause of plaintiff's injuries and that plaintiff should be compensated accordingly. That Kemper's claim that the insurance had lapsed was false and that the policy limits had been opened up.
Defendant's Contentions:
Defendant disputed causation of the secondary cervical fusion and denied causation of the future adjacent segment fusion. They claimed plaintiff was not totally disabled and his LOE should be offset by partial income at a light-duty position. The defense denied the full extent of the life care plan and attacked pain management’s injection plan and the in-home full-time care.

Physical Injuries claimed by Plaintiff:
The impact of the vehicle broke plaintiff’s thoracic spine in half. Plaintiff had pre-existing DISH syndrome (calcification / bone spurs) on his spine, which made his spine brittle and more susceptible to injury. Dr. Zlomislic and the UCSD trauma team did a 7-level T3-T9 thoracic fusion.

A year later, plaintiff had a 5-level C3-C7 cervical fusion. Defense medical expert (Bremner) said the neck injury wasn’t caused by the crosswalk incident and was a natural result of DISH/aging.

Plaintiff will need ongoing medical treatment and a future fusion surgery for the remaining discs T1-T2 in his upper spine.
That the crash prevented him from continuing to work at FedEx Freight. Plaintiff had started with FedEx Freight by loading docks. Plaintiff loved his job. He continued to get promoted until he finally landed his dream job as a big rig (18-wheeler) driver for FedEx before pausing his career to care for his father, who had dementia. The crash, nine months after his father's death, prevented him from continuing work at FedEx.

Defendant Final Offer before Trial: Approximately $1,000,000 on open $15,000 policy