Facts

On Jan. 6, 2017, plaintiff Anthony Davis, 45, was driving a Nissan Altima westbound on Sunset Blvd. in West Hollywood when it was rear-ended by defendant Tyler Harano's Honda Civic. The impact pushed plaintiff's vehicle into the rear of a Toyota Corolla and the Toyota Corolla was pushed into the rear of a Nissan Sentra.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant negligently operated his vehicle, which caused him extensive injuries.

DEFENDANT'S CONTENTIONS: Defendant admitted liability and disputed the nature and extent of injuries and damages alleged by plaintiff. Defendant argued all of plaintiff's medical treatment was attorney-referred and on a lien.

Defendant argued that plaintiff was in an automobile collision on Jan. 23, 2016, just one year before the subject incident. He sustained injuries to his cervical spine with numbness and tingling and received chiropractic treatment. Plaintiff's last visit to the chiropractor for the 2016 incident was in April 2016, just nine months before the subject collision. At that time, defendant argued that plaintiff continued to have complaints of pain to the cervical spine and his cervical spine injury was not resolved.

Defendant also argued that plaintiff had a history of diabetes. He worked as a handyman in construction and admitted that his job was physically intensive. Plaintiff also admitted that in August 2017, just eight months after the subject incident and in the middle of his course of treatment, he was able to remodel an entire bathroom without any help.
Defendant argued that plaintiff waited five days before seeking any medical treatment. Further, defendant argued plaintiff never had any radicular complaints throughout his course of treatment with chiropractor which consisted of 52 treatments. His pain level throughout the chiropractic treatment was never more than 3/10. In fact, just one day before receiving his first facet block, plaintiff's reported pain to chiropractor was 1/10.

Settlement Discussions

Plaintiff made a second policy limits demand of $1.1 million. Defendant served a CCP 998 for $75,000.

Specials in Evidence

Meds: $317,000 (on lien) Future Meds: $414,000

Injuries

Plaintiff alleged he sustained injuries to the neck and left shoulder. He underwent five facet blocks to the cervical spine; SLAP repair to the left shoulder; and C6-7 foraminotomy. Plaintiff received post-surgical therapy.

Result

The jury rendered a defense verdict and determined that defendant's conduct was not a substantial factor in causing plaintiff's harm.

Other Information

Plaintiff filed a motion for directed verdict on the Issue of causation, which was denied. According to plaintiff, the court then erroneously allowed for a question on the verdict form regarding whether plaintiff's alleged injuries were caused by the subject collision. Defendant's expert, Steven Nagelberg, M.D., admitted on the stand that plaintiff sustained an injury caused by defendant's negligence. Therefore, the jury's finding of no causation was against the weight of the evidence and against the law. During deliberations, the jury submitted a question for the judge asking whether they could still award plaintiff damages if they answer "no" to the causation question. The court's answer to the question was for them to simply read the verdict form. Plaintiff has filed a motion for new trial and a motion for judgment notwithstanding the verdict.

Deliberation

four hours

Poll

10-2

Length

six days