Facts

On Nov. 30, 2012, at 17th St. and Harbor Blvd. in Garden Grove, defendant Bradley Messmer was operating a 2003 Ford E3 50 Econoline Van southbound on Harbor Blvd. when he rear-ended plaintiff Ray Kazemi's 2012 Volkswagen Beetle.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that he was stopped in the number two lane when defendant rear-ended his vehicle, pushing it into the intersection. Defendant testified that plaintiff changed lanes in front of him and stopped unnecessarily for a newly- yellow light. Neither party filed a police report nor complained of any injuries at the scene of the accident.

At the time of the accident, plaintiff was driving to a chiropractic appointment to treat an injury for a prior accident that occurred approximately six weeks prior to the subject accident. Plaintiff claimed that his prior injuries were exacerbated by the current accident, causing plaintiff to sustain a herniated disc that required surgical intervention epidural and facet injections.

DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff changed lanes from the number two lane to the number one lane. When defendant approached the subject intersection, he was traveling at 35 mph and his light was green. The light at the intersection of Harbor and 17th St. turned yellow, but plaintiff appeared as though he intended to proceed through the intersection, but stopped abruptly.

Defendant braked, but was unable to avoid colliding with plaintiff’s vehicle at the moment plaintiff abruptly changed lanes.

Defendant claimed that plaintiff’s vehicle sustained minor to moderate rear-end damage.

Settlement Discussions

Plaintiff filed a CCP 998 for $150,000. Defendant offered $50,000 prior to trial.

Specials in Evidence

$353,115 $360,000

Damages

Plaintiff claimed past medical bills of $350,000 and future medical bills of $360,000, with total specials of $710,000. Each set of injections cost in excess of $15,000.

Injuries

Plaintiff went to Garden Grove Hospital and had a brain CT and CT of the lumbar spine. He was treated by Dr. Adam Weitzman for pain management consultation following both accidents. Dr. Weitzman prescribed physical therapy and eventually gave him several lumbar epidurals, cervical facet blocks, and sacroiliac joint injections. Plaintiff treated at Golden Hands Chiropractic office. He was then sent to another chiropractor for further chiropractic treatment. He continued with his treatment with Dr. Weitzman and underwent a cervical and lumbar MRI, which revealed a C5-6 broad-based right protrusion with severe central canal stenosis and neuroforaminal stenosis. Plaintiff also underwent lumbar MRI’s, which revealed 12 mm left neuroforaminal stenosis and a mild central canal stenosis with the disk indenting the thecal sac. Thereafter, Kazemi underwent cervical epidural steroid injections and cervical facet joint blocks in the neck and in the low back from May 2013 to July 2013, less than a year after the accident. After these injections, Kazemi resumed chiropractic care with Rodrik Khosrovian, D.C., from July 2013 to September 2013. At the conclusion of that treatment, Kazemi had improved significantly, and followed up with Dr. Mobin (plaintiff’s neurosurgeon expert) on Nov. 6, 2013, who noted that Kazemi had reached maximum medical improvement. Kazemi continued doing home exercises and stretches to continue to maintain his condition. His pain had reduced. Plaintiff then went untreated by any medical provider for over one year. Suddenly, the symptoms returned. Thereafter, plaintiff underwent further cervical epidural steroid injections and cervical facet joint blocks in the neck and in the low back. He was seen for a neurosurgical evaluation by Fardad Mobin, M.D. Dr. Mobin reviewed plaintiff’s MRI’s and determined there was a moderate to severe central canal stenosis and an annular tear and disc bulge at L4-5 level producing mild to moderate central canal compression and foraminal impingement. He also noted a 4 mm posterior disc protrusion in the cervical spine. Dr. Mobin testified that to a reasonable degree of medical probability, the plaintiff had suffered a disc herniation or an aggravation of the underlying degenerative spinal condition which led to the surgical intervention consisting of a double level cervical discectomy on Aug. 24, 2015, at Bay City Surgery Center. Plaintiff further alleged aggravation of lower back injury with radiculitis, aggravation of neck injury with radiculitis, headaches, anxiety, and insomnia.

Result

Plaintiff's verdict for $135,000. The parties settled for $150,000 after trial.

Other Information

Plaintiff’s neurological expert, Dr. Fardad Mobin, testified that plaintiff suffered an injury to his neck and lower back from the prior accident, and the subject accident exacerbated plaintiff’s pre-existing injuries. Dr. Mobin opined that 90 percent of plaintiff’s cervical spine injury resulting from the subject accident, and merely 10 percent was from the prior accident. He further testified that 30 percent of plaintiff’s lower back injury was from the first accident, and 70 percent from the second. Dr. Mobin estimated plaintiff’s future care to cost about $360,000. Defendant’s neurological expert, Dr. Tony Feuerman, contradicting plaintiff’s expert testimony by opining that plaintiff received unnecessary medical treatment, e.g. the lumbar epidurals and cervical fact injections, because plaintiff had already recovered from the subject accident. Dr. Feuerman further testified that because plaintiff had already recovered, he clearly does not require any future medical treatment.

Deliberation

six hours

Poll

9-3 (liability and damages)

Length

8.5 days