Confidential
Settlement – $485,000Judge
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Matthew B.F. Biren
(Biren Law Group)
Defendant
Experts
Plaintiff
William M. Gabriel
(medical)
Steven J. Nagelberg M.D.
(medical)
Defendant
David Hahn
(technical)
Ilan Tamir
(medical)
Facts
Plaintiff Gabriel Anak, a 52-year-old dentist, was driving westbound on the 118 Freeway in the San Fernando Valley. Defendant Juan Rodriguez was driving in front of the plaintiff. The spare tire on the defendant's truck detached, flew in the air, and smashed into the plaintiff's windshield. The tire struck the plaintiff in his right shoulder. The plaintiff sued the defendant and the defendant's employer, Nupla Corp., which owned the truck. The plaintiff contended negligence. The defendants admitted liability but disputed the extent of the plaintiff's injuries.
Damages
The plaintiff claimed that the accident reduced his ability to operate his new dental practice. The plaintiff sought past and future lost earnings based on the injuries having been a factor in the failure of the practice. The defendants contended that the plaintiff's practice failed for reasons entirely other than the accident.
Injuries
The plaintiff claimed he suffered a subacromial impingement that required surgery. The defendants contended that the plaintiff merely suffered soft tissue damage.
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