Irene R. Sharkoff v. Fletcher Jone Motor Cars Inc.
Published: Jan. 11, 2014 | Result Date: Feb. 5, 2013 | Filing Date: Jan. 1, 1900 |Case number: BC462105 Verdict – $909,982
Court
L.A. Superior Central
Attorneys
Plaintiff
David Azizi
(Law Offices of David Azizi)
Gary A. Dordick
(Dordick Law Corporation)
Defendant
Esther P. Holm
(Lewis, Brisbois, Bisgaard & Smith LLP)
Facts
Irene Sharkoff filed suit against Fletcher Jones Motor Cars Inc., asserting causes of action for property damage, personal injury, and general negligence.
Plaintiff had her car serviced at the defendant's service center after she noticed a noise coming from the steering column. A few months and 400 miles later, the steering went out, causing plaintiff to careen into a wall on a windy canyon road.
The case proceeded to trial.
Contentions
PLAINTIFF'S CONTENTIONS:
Sharkoff argued that defendants negligently repaired and maintained her vehicle by failing to perform all necessary and required repairs. Her vehicle was known to have a defect that could cause it to suddenly lose control, and because defendants didn't correct these problems, Sharkoff got into an accident when she collided into a fixed object.
DEFENDANT'S CONTENTIONS:
Defense admitted liability, but denied the nature and extent of plaintiff's injuries.
Following the accident, plaintiff appeared unharmed. The damage to the vehicle appeared very minor. She made several calls to the defendant, said she was ok, called no ambulance, received no Emergency Room Treatment. She rented a another car and was able to drive. Two days later, she visited the defendant and complained of no problems. On the third day, she consulted a chiropractor and was diagnosed with neck and back sprain. Nine months and $19,000 later, she began to complain of cognitive problems.
Damages
Plaintiff sought $6.75 million in damages, arguing she needed hospitalization at a Center for Neuro Services for treatment of the brain injury and psychotherapy for the conversion disorder. Plaintiff would never work again, required a driver and full time care at home.
Injuries
An MRI of the brain revealed frontal lobe atrophy and hygromas, and her Pain Management Specialist doctor diagnosed Traumatic Brain Injury. After the diagnosis, plaintiff commenced symptoms of confusion, speech problems including a stutter, dizziness and a battery of symptoms her doctors equated to TBI. According to the defense, after consulting with several specialists, plaintiff was referred to a psychiatrist and diagnosed with a conversion disorder. At trial, experts testified plaintiff suffered a conversion disorder, superimposed on the TBI.
Result
The jury awarded Sharkoff $909,982, $500,000 of which was allocated for psychotherapy.
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