Facts

In March 2003, plaintiff Paris Alikhani was traveling eastbound on Olive Avenue in Burbank. When he reached an intersection, he hit a vehicle driven by defendant Ronald Liberotti. At the time, defendant was driving a van owned by defendant Warner Bros. Plaintiff sued, alleging negligent operation of a motor vehicle and vicarious liability. Defense counsel admitted liability on the first day of trial. The trial went forward on the issue of damages.

PLAINTIFF'S CONTENTIONS:
Defendant attempted to make a left turn by moving into the eastbound lane where plaintiff was driving. This maneuver caused the collision. Plaintiff braked, but his attempt to avert the accident was unsuccessful. Further, defendant was distracted by his pager.

Settlement Discussions

Last offer was $250,000. Last demand was $500,000.

Specials in Evidence

Plaintiff claimed $170,013. Plaintiff was unable to work as a courier for one year after the accident, and claimed $21,000. Defendants opined that plaintiff missed one year of work because he underwent unnecessary surgeries. Accordingly, plaintiff was entitled to only $4,500, which was equivalent to three months of missed work for a courier.

Damages

Plaintiff claimed $800,000 in general damages, which covered pain, suffering and lifestyle modifications.

Injuries

Plaintiff underwent treatment for injuries he sustained to his knee, shoulder and back. He was also diagnosed with a herniated disc in his spine, torn rotator cuff and torn meniscus, which required three operations. As a result of his injuries, plaintiff could not partake in the active lifestyle he was accustomed to, such as surfing and golfing. Defendants opined that plaintiff received unnecessary medical treatment, as MRI films did not reveal a torn rotator cuff, herniated disc or torn meniscus. Rather, plaintiff merely sustained soft-tissue damage that required only physical therapy. Therefore, plaintiff was entitled to only $5,000, the cost of a physical therapy regimen.

Result

Plaintiff was awarded $10,872 for past and future medical damages and and past lost earnings. The jury specifically excluded general damages.

Other Information

This case is currently pending an appeal.

Deliberation

three hours

Poll

10-2

Length

seven days