Luke Davies v. L.A. Checker Cab Cooperative Inc.; Yevgeny Smolyar aka Eugene Smolyar; Iosif Faynshteyn aka Joseph Feinstein; and Rubin Popovian aka Robert Popovian
Published: Oct. 8, 2016 | Result Date: Jun. 8, 2016 | Filing Date: Jan. 1, 1900 |Case number: SC111290 Verdict – $1,281,760
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
John F. Denove
(Cheong & Denove)
Shane V. Hapuarachy
(Cheong, Denove, Rowell, Bennett & Hapuarachy)
Defendant
Facts
Luke Davies, 32, sued L.A. Checker Cab Cooperative Inc., Yevgeny Smolyar aka Eugene Smolyar, Iosif Faynshteyn aka Joseph Feinstein, and Rubin Popovian aka Robert Popovian, in connection with a near collision.
Smolyar was let out of the case.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff was riding his motorcycle along Sunset Blvd. near La Cienega Blvd. when a taxicab suddenly pulled in front of him. Plaintiff applied his brakes in an effort to avoid a collision, but lost control and fell to the ground. The cab did not stop and left the scene. Plaintiff sustained injuries and sued the believed operator, driver, and owner, alleging negligence and vicarious liability. Plaintiff placed the driver on the scene using GPS data and defendant Popovian's admission that he was near the scene. Plaintiff claimed that his employer thereafter failed to take any disciplinary action related to the incident.
DEFENDANTS' CONTENTIONS:
Defendants disputed any liability and denied any involvement in the incident. Defendants also blamed the whole thing on plaintiff for being inattentive and for overreacting.
Settlement Discussions
Davies made a CCP 998 demand of $499,000, which defendants countered with a CCP 998 offer of $110,000.
Damages
Davies sought $71,765 in past medical expenses; $110,000 in future medical expenses; and an unspecified amount for past and future pain and suffering.
Injuries
Davies sustained various injuries, including a laceration on his right knee and the aggravation of his degenerative arthritis in his spine. He later underwent surgery on his hip.
Result
The jury rendered a mixed verdict, finding in favor of Davies and awarded Davies $1,281,765 in total damages, including $181,765 in past economic damages and $1.1 million in noneconomic damages.
Other Information
FILING DATE: Feb. 1, 2011.
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