Douglas Kitrell v. Kelly Wendlberger
Published: Mar. 8, 2019 | Result Date: Nov. 2, 2018 | Filing Date: Aug. 4, 2017 |Case number: BC671272 Settlement – $900,000
Mediator
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Shawn Steel
(Shawn Steel Law Firm)
Alexander C. Eisner
(Steel & Eisner LLP)
Brandon J. Simon
(Simon Law Group LLP)
Defendant
Erin O. Hallissy
(Daniels, Fine, Israel, Schonbuch & Lebovits LLP)
Experts
Plaintiff
Babak Samimi M.D.
(orthopedic surgery)
Stepan Kasimian M.D.
(orthopedic spine surgery)
Nabil S. Dahi M.D.
(pain management)
Serge Obukhoff
(neurosurgery)
Michael S. Argon
(emergency medicine)
John McHaney D.C.
(chiropractor)
Defendant
Andrew Fox M.D.
(neurosurgery)
Facts
On Oct. 29, 2015, plaintiff Douglas Kitrell, 20, was riding his bicycle southbound on Buena Vista Street in Duarte approaching a driveway entrance toward Santa Teresita Hospital. As plaintiff approached the driveway entrance, defendant Kelly Wendlberger made a left turn from northbound Buena Vista Street into Santa Teresita Hospital, directly impeding plaintiff's path of travel. Defendant was unable to stop in time and struck the side of plaintiff's bicycle, knocking him to the ground.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant was negligent in the operation of his vehicle.
DEFENDANT'S CONTENTIONS: Defendant alleged contributory negligence and disputed the necessity of plaintiff's treatment and future medical needs.
Injuries
Plaintiff was transported to a nearby hospital via ambulance. Plaintiff suffered a left clavicle fracture and a lower back injury, which resulted in a two-level lumbar artificial disc replacement surgery.
Result
The case settled for $900,000 at mediation.
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