Facts

On Sept. 11, 2015, plaintiff Hiroshi Fujii, 56, was operating his vehicle in Rancho Palos Verdes on Verdes Drive West and Hawthorne Boulevard, with plaintiff Dylan Fujii as a front seat passenger. Subsequently, their vehicle was rear-ended by a vehicle operated by Krishan Saigal.

PLAINTIFF'S CONTENTIONS: Fujii contended defendant negligently operated her vehicle, causing him to sustain injuries.

DEFENDANT'S CONTENTIONS: Saigal admitted liability for the accident, but disputed the nature and extent of plaintiff's injuries.

Insurer

Interinsurance Exchange of the Automobile Club of Southern California

Settlement Discussions

Defendant offered $250,000 policy limits (CCP 998).

Damages

Plaintiff worked as director of financial compliance and an auditor/certified public accountant for LA Care Health Plan in Los Angeles. He claimed he missed some work because of his appointments, his pain and the surgery. Prior to trial, plaintiff's medical bills totaled $307,145 and he claimed future surgery in the area of $100,000. Plaintiff argued his life was impacted for the rest of his life due to his injuries and that he could no longer engage in many activities such as renovating houses, which he used to do. Plaintiff asked the jury for $2 million, with $100,000 in past medicals, $300,000 in future medicals, $10,000 for loss of earnings, $23,000 for future loss of earnings, $460,000 in past pain and suffering, and $960,000 in future pain and suffering.

Injuries

Plaintiff was not taken to the hospital via ambulance and instead, went to his primary care physician the day after the accident. He had a history of cervical radiculopathy and after this accident was diagnosed with cervical myelopathy. He claimed his radiculopathy was exacerbated or that he suffered myelopathy from this accident. He also claimed he sustained lower back pain and numbness in his right dominant hand and that he lost sensation in his right thumb and right index finger. For treatment, he had physical therapy and chiropractic treatment, cervical epidural steroid injections, and ultimately underwent a cervical fusion from C4-5, C5-6 and C6-7. At the time of trial, he claimed he continued to have neck pain and numbness in the right hand. Plaintiff claimed he could need a revision surgery due to the hand numbness he was experiencing, and surgery for the adjacent level. Defense counsel contended that based on the mechanism of the accident, plaintiff could have soft tissue injuries and that initial conservative care was reasonable but plaintiff had prior complaints and the surgery he had was not necessitated by the accident. Defense's expert in neurosurgery opined that plaintiff suffered soft tissue injuries to his neck and that his surgery was not necessary from the accident. Expert radiologist compared plaintiff's prior films to films after the accident and found no traumatic injuries.

Result

The jury found that Saigal's negligence was a substantial factor in causing harm to plaintiff. The jury awarded plaintiff $53,510, which was composed of $23,510 in past medical and $30,000 in past pain and suffering.

Other Information

Plaintiff's motion for a new trial was denied.

Deliberation

3 hours

Length

8 days