Julian Arredondo v. Michael Peter Keys, Steven A. Keys, and Does 1 through 50
Published: Dec. 14, 2013 | Result Date: Aug. 13, 2013 | Filing Date: Jan. 1, 1900 |Case number: GC043703 Verdict – $66,332
Court
L.A. Superior Pasadena
Attorneys
Plaintiff
Defendant
Ronald Zurek
(Wesierski & Zurek LLP)
Experts
Plaintiff
Fardad Mobin M.D.
(medical)
Kerry A. Berg
(technical)
Defendant
Nitin Bhatia M.D.
(medical)
Stephen L.G. Rothman M.D.
(medical)
Facts
On Sept. 18, 2008, Julian Arredondo, 25, was driving east on West Floral Drive, headed through the intersection between West Floral and a parking lot entrance. Michael Keys was driving in the opposite direction and tried to make a left turn into the parking lot entrance. Keys' vehicle and the front left side of Arredondo's vehicle collided. Arredondo sued Keys. He also sued Keys' father, Steven Keys, as the registered owner of the vehicle.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff argued that the other driver drove negligently and that his father should also be liable because he gave his son permission to drive the car. Plaintiff alleged Michael Key should have allowed his car to pass before trying to turn left.
DEFENDANTS' CONTENTIONS:
The defense argued that plaintiff brought about the collision because Michael Keys had the right of way. He claimed that he waited until he could make a safe turn by maneuvering and stopping in a left turn pocket, but plaintiff hit his car. The defense also argued that Arredondo was seeking more for his medical care than he needed.
Settlement Discussions
Arredondo demanded the policy pre-litigation and the adjuster said the claim wasn't worth $15,000, according to plaintiff. At the start of trial, plaintiff offered to dismiss Steven Keys for a waiver of costs, but the offer was rejected.
Injuries
Arredondo claimed injuries to his back, elbow, foot, lower back, neck and shoulder. He suffered a bulging lumbar disc, decreased range of motion, epidural injections, headaches, a herniated L4-5 disc, radicular pain, vision problems and whiplash. Paramedics arrived at the scene and Arredondo denied injury and declined treatment. Later that night, he went to the ER complaining of neck and back pain. He underwent over seven months of chiropractic treatment and had an orthopedic consultation that suggested he may need future epidural injections. There was a gap in medical treatment until almost two years later when Arredondo was examined by Dr. Mobin who suggested epidural injections. Three months later, Arredondo had three injections that alleviated most of his pain.
Result
The jury awarded plaintiff $66,332 against Michael Keys for negligence, and against Steven Keys as the registered owner.
Other Information
A motion for costs of $12,000 is pending Dec. 20. Michael Keys had a $15,000 policy from Mercury Insurance Group.
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