Hari Pal, Vijay Pal v. Sheridan Sarnelle, Valerie Sarnelle
Published: Feb. 8, 2014 | Result Date: Jan. 14, 2014 | Filing Date: Jan. 1, 1900 |Case number: SC115785 Verdict – $6,400
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Robert S. Shepard
(Mark R. Weiner & Associates)
Experts
Plaintiff
Ajay Masih
(medical)
Rutambhar Patel
(medical)
J. Randall Davis
(medical)
Defendant
Robert A. Wilson
(medical)
Facts
Defendant Sheridan Sarnelle, 17, admittedly rear-ended plaintiff Hari Pal's stopped car, in moderate traffic on Pico Blvd. in west Los Angeles.
Settlement Discussions
Plaintiff demanded $191,500 at mediation. Defendant made a CCP 998 offer for $11,500, which later increased to $17,000.
Damages
Front end damage to defendant's 2009 BMW 328 appeared minor but was estimated to cost $4,662 to repair. Plaintiff's 1988 Honda CRX had rear bumper damage, which pushed and significantly crumpled the passenger side rear quarter panel rendering it a total loss.
Injuries
Plaintiff Hari Pal, a 67-year-old self-employed auto mechanic, had pre-existing tri-compartmental arthritis and diffuse meniscal tearing in the right knee prior to this accident, but claimed a blow to his knee against the dashboard made his pain worse. Prior medical records showed plaintiff's advanced arthritis, that his prior orthopedist reported knee arthroscopy would likely be ineffective, and eventually plaintiff was looking at a total knee replacement. Plaintiff's orthopedist, Randall Davis, M.D., opined the meniscal tear had been worsened by the accident, becoming a "flap tear," which was the cause for the increased pain. Dr. Davis performed the knee arthroscopy six months post-accident, which partially alleviated plaintiff's symptoms. Within a week of the accident plaintiff started treatment with a chiropractor for neck and lower back pain. One year post-accident, plaintiff went to pain management specialist, Ajay Masih, M.D., who administered three lumbar epidural injections, which were also helpful. Defense expert, orthopedic surgeon Robert Wilson, M.D., testified the blow to plaintiff's knee did not worsen plaintiff's already worn out knee condition, and while the arthroscopic procedure may have temporarily made plaintiff feel improved, it did nothing to improve plaintiff's prognosis because he had no cartilage left between his knee bones. Dr. Wilson also testified the lumbar epidural injections were not needed because plaintiff had already been reported to be pre-accident by his chiropractor five months post-accident, and that plaintiff had no radicular symptoms, which are a pre-requisite condition for an epidural injection to have any benefit beyond the temporary benefit of the cortisone injection.
Result
$6,500 in favor of plaintiff.
Other Information
MEDIATOR: Robert Tessier. FILING DATE: Jan. 31, 2012.
Deliberation
two hours
Length
three days
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