Eugene Lytle v. Jigna Kumar and Does 1 to 30
Published: Jan. 28, 2017 | Result Date: Nov. 21, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC554974 Verdict – $1,504,000
Court
L.A. Superior Central
Attorneys
Plaintiff
Geoffrey S. Hickey
(Ardalan & Associates PLC)
P. Christopher Ardalan
(Ardalan & Associates, PLC)
Defendant
Paul A. Elkort
(Morgenstern Law Group)
Facts
Eugene Lytle sued Jigna Kumar in connection with a motor vehicle collision that allegedly occurred on Dec. 8, 2013.
Contentions
PLAINTIFF'S CONTENTIONS:
Defendant allegedly ran a red light and broadsided plaintiff's vehicle. Plaintiff was injured and sued defendant for negligence.
DEFENDANT'S CONTENTIONS:
Defendant disputed the extent of plaintiff's claimed injuries and the treatment he received.
Settlement Discussions
Plaintiff demanded $250,000, which defendant let lapse. Plaintiff served with complaint a 998 through prior counsel for $1 million, although it was a defective 998. Defendant then tendered $250,000 after plaintiff had been deposed in litigation. Plaintiff sent a letter seeking assignment of bad faith rights in exchange for not executing against defendant personally and demanded $1.5 million in the alternative. Defendant served 998 for $500,000 after assignment request letter, but no assignment was provided. Plaintiff served 998 for $2.5 million in response to the $500,000 998 offer by defendant. While waiting to be assigned to trial court, plaintiff offered a high low of $1.3 million-$3 million to defendant, which defendant did not counter.
Damages
Lytle's employer terminated him due to injuries sustained from the crash. Lytle sought between $400,000 and $550,000 in past and future lost earnings as well as $470,000 in past medical expenses and $450,000 in future medical expenses. Overall, Lytle sought between $4 million and $6 million in general damages. Kumar argued that the jury should only award Lytle about $110,000 in past medical expenses; $57,000 for past lost earnings; $200,000 for past general damages; and $50,000 in future general damages.
Injuries
Lytle injured his neck and arms. His airbag deployed, causing a left wrist laceration. He treated with physical therapy and pain management. He also saw a hand specialist and underwent physical therapy on his hands. The specialist diagnosed him with a double crush syndrome and recommended bilateral carpal tunnel surgery. Lytle later underwent spinal surgery, which provided only temporary relief. He continued to undergo physical therapy and received injections to help manage the pain. Despite treatment and surgery, Lytle continued to experience pain in his neck.
Result
The jury found in favor of Lytle and awarded him $1,504,000 in total damages, which included $354,000 in past medical expenses, $100,000 in future medical expenses, $150,000 in past lost earnings, $100,000 in future lost earnings, $50,000 in past general damages, and $750,000 in future general damages.
Other Information
FILING DATE: Aug. 15, 2014.
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