Kiel Fitzpatrick v. Keith Luper
Published: Mar. 19, 2011 | Result Date: Jan. 20, 2011 | Filing Date: Jan. 1, 1900 |Case number: EC048204 Verdict – $16,442
Court
L.A. Superior Burbank
Attorneys
Plaintiff
Defendant
Thomas W. Shaver
(Shaver, Korff & Castronovo LLP)
Experts
Plaintiff
Behrooz Broukhim M.D.
(medical)
John C. Gardiner
(technical)
Defendant
Robert M. Wilson M.D.
(medical)
Facts
In 2008, Kiel Fitzpatrick was stopped at a red light when he was rear-ended by Keith Luper, knocking his car into a pickup truck ahead of him. The rear-end impact was about 25 mph, which was undisputed.
Fitzpatrick sued Luper, who admitted liability.
Damages
Fitzpatrick demanded roughly $200,000, which included $150,000 in medical specials.
Injuries
Fitzpatrick complained of back and neck injuries. He was treated with endoscopic microdistectomies on Oct. 3, 2008 and May 22, 2010, and continued to complain of residual leg discomfort after the second surgery. The defense disputed Fitzpatrick's injuries, and alleged that the impact did not cause the herniated discs. Further, that Fitzpatrick overtreated with the microdisectomies.
Result
The jury awarded Fitzpatrick $16,442, which included $8,942 for medical specials and the rest for pain and suffering.
Deliberation
one day
Poll
10-2
Length
five days
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