Einstein A. Machado v. Albert Pirouzian
Published: Mar. 21, 2004 | Result Date: Sep. 30, 2003 |Case number: SC073139 Verdict – $178,877
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Neil J. Berry
(Makkabi Law Group APC)
Defendant
Facts
Plaintiff Einstein Machado, a 31-year-old student and waiter, was riding his Kawasaki motorcycle westbound on Santa Monica Boulevard in Santa Monica. He was riding without a motorcycle license. Defendant Albert Pirouzian was driving a Toyota Camry eastbound on Santa Monica Boulevard in the left turn pocket. He attempted to make a left turn across two lanes of westbound traffic. The plaintiff claimed that the front corner of the Camry collided with his left leg. The plaintiff claimed he was thrown from his motorcycle, he rolled over the Camry's hood and landed on the street. He was transported to an emergency room by ambulance. The plaintiff sued defendant, alleging vehicular negligence. The defendant argued that the Camry never struck the plaintiff's motorcycle or his leg. The defendant also contended that the plaintiff was "curb-sneaking" and that both the No. 1 and No. 2 lanes of traffic westbound were stopped when the motorcycle came up the street, in the curb area. A defense expert reconstructed the accident to show that neither the motorcycle nor the plaintiff was struck by the Camry. One of the emergency room doctors testified that the plaintiff told the doctors that he had smoked marijuana that day. The defense expert toxicologist testified that his analysis of the drug screen of the plaintiff's blood which was taken at the emergency room showed that the plaintiff had smoked marijuana within three hours of the accident. The plaintiff argued that he had last used marijuana two weeks prior to the accident.
Settlement Discussions
The plaintiff demanded $50,000; defendant offered C.C.P. Section 998 of $15,000 (policy limits)
Specials in Evidence
$55,500 $24,500 $8,500 $15,000
Injuries
The plaintiff suffered an open fracture of the tibia and fibula of his left leg. He had surgery where rods, screws and pins were used to stabilize the fracture. Another surgery to graft skin onto the trauma area of the left leg was performed. A third surgery is necessary to remove the hardware in plaintiff's leg. Undisputed by the defense. The plaintiff continues to have residual scarring.
Result
The jury found in favor of plaintiff and awarded him $178,877 ($50,000 in past general damages; $25,000 in future pain and suffering; plus approximately $106,000 in undisputed special damages). It found him 35 percent comparatively negligent for the accident, thereby reducing the award to $116,270. Several jurors reported after trial that although they believed plaintiff was under the influence of marijuana at the time of the accident, they believed defendant was still primarily at fault.
Deliberation
two days
Poll
10-1 with one abstention (Pirouzian's negligence), 12-0 (comparative negligence), 11-1 (damages)
Length
six days
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