Lucas D. Kurzon v. Terilyn J. Rawson, Beau Thetford
Published: May 22, 2020 | Result Date: Oct. 25, 2019 | Filing Date: Apr. 28, 2017 |Case number: BC659593 Verdict – $197,395
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Mark J. Leonardo
(Dordick Law Corporation)
Defendant
Brian P. Neill
(Paul F. Sullivan & Associates APC)
Experts
Plaintiff
Andrew Morris D.C.
(chiropractic)
Ray H. Hashemi M.D.
(radiology)
Defendant
Jay S. Tsuruda M.D.
(radiology)
Robert M. Wilson M.D.
(orthopedic surgery)
Facts
On June 16, 2015, a sunny, clear, dry and warm day, at approximately 5 p.m., plaintiff Lucas Kurzon, 24, was operating a 2014 Ford Focus owned by his employer, Hertz, and was returning back to his office in Thousand Oaks from Los Angeles International Airport. Plaintiff was stopped in the number 1 lane on Pacific Coast Highway before the light at Sunset Boulevard when he was suddenly rear-ended by defendant Beau Thetford, who was driving a 2005 Jeep Liberty owned by his mother, Terilyn J. Rawson.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff claimed that defendant Thetford was negligent when he rear-ended plaintiff's vehicle.
DEFENDANT'S CONTENTIONS: Defendants admitted liability but disputed causation and damages.
Insurer
Defendants' insurance policy with Wawanesa was $100,000.
Settlement Discussions
Plaintiff made a CCP 998 demand for $99,999.99 in June 2018, and another one for $49,999,99 one month before trial. Defendants made a CCP 998 offer for $25,001.
Specials in Evidence
Meds: Plaintiff incurred $50,883 in medical expenses. Plaintiff's billing expert determined the reasonable value of those services was $41,668 Loe: Plaintiff missed several days of work but did not make a claim for loss of earnings at time of trial. Future Meds: Future epidural steroid injections and future lumbar surgery were estimated to cost between $173,000 and $223,000
Damages
Plaintiff went to urgent care following the collision and then underwent extensive chiropractic treatment. He was examined by an orthopedic surgeon, neurologist and neurosurgeon. Epidural injections were recommended but not performed.
Injuries
Plaintiff suffered injury to his cervical and lumbar spine, plus sciatica down his right leg. He suffered a 4 millimeter disc protrusion at C6-7 and a 1.2 cm x .7 cm broad based disc protrusion at L5-S1.
Result
Plaintiff was awarded $197,395 in damages, which was composed of $32,072 in past medical bills, $95,000 in future surgery, $50,000 in past pain and suffering, and $20,000 in future pain and suffering.
Deliberation
3/4 day
Poll
10-2
Length
seven days
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