Katie Boggs v. Friar Tux Shop Inc., Justin Ralph, and Does 1 to 10
Published: Dec. 8, 2017 | Result Date: Nov. 9, 2017 | Filing Date: Jan. 19, 2016 |Case number: BC607463 Verdict – $1,085,000
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Brian J. Breiter
(Law Offices of Brian J. Breiter LLP)
Defendant
Marc H. Garber
(Law Offices of Muhar, Garber, Av & Duncan)
for Friar Tux Shop Inc.
Experts
Plaintiff
Yuri Falkinstein
(orthopedic spine surgery)
Defendant
William H. Dillin M.D.
(orthopedic spine surgery)
Facts
Plaintiff Katie Boggs was stopped in traffic on the I-5 freeway when defendant's Sprinter van collided with the rear of her compact car.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff sustained injuries and filed suit. Plaintiff contended defendant was negligent.
DEFENDANT'S CONTENTIONS: Defendant admitted liability and causation, but contested the nature of plaintiff's injuries, the need for future surgery, and the value of plaintiff's non-economic damages. Defendant contended that plaintiff's injuries resolved in 2015 and that there was no need for future care.
Insurer
Liberty Mutual
Settlement Discussions
Defense offered $75,000.
Specials in Evidence
Future Meds: $135,000
Injuries
Plaintiff suffered 4-5 millimeter cervical disc bulge with bilateral neural foraminal stenosis, lumbar spine injuries, and hip injury. Plaintiff underwent years of unsuccessful conservative treatment including physical therapy, epidurals, and trigger point injections. Plaintiff suffered significant pain on a daily basis from her neck, back, and hip injuries that interfered with her ability to be a mother and wife.
Result
The jury found in favor of the plaintiff and against Friar Tux Shop Inc., and awarded plaintiff $1,085,000, which included $350,000 in past non-economic damages, $600,000 in future non-economic damages, and $135,000 in future economic damages. Plaintiff waived past economic damages.
Length
three days
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