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Personal Injury
Auto v. Auto
Rear-End Collision

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

J. Grant Kennedy


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


#108007

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