Mingkwan Chotikulthanachai v. Maxine Coglianese
Published: Jul. 7, 2023 | Result Date: Apr. 7, 2023 | Filing Date: Jul. 31, 2020 |Case number: 20STCV28938 Verdict – $2,833,884
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Byron J. Abron
(Abron Law PC)
Defendant
Juan C. Delgado
(Ford, Walker, Haggerty & Behar LLP)
Kimberly A. Mueller
(Ford, Walker, Haggerty & Behar LLP)
Facts
On March 29, 2019, plaintiff Mingkwan Chotikulthanachai was traveling west on Ventura Blvd. in Tarzana, when defendant Maxine Coglianese, while traveling in the opposite direction attempted to make a left-hand turn causing the vehicles to collide head on. There was minor/moderate damage.
Plaintiff exchanged information with defendant and then proceeded to drive to her restaurant. After spending 30 minutes at her restaurant, she then drove to the LAX Airport to drop a passenger off. She ultimately went home and took pain medications. She began treatment eight days after the subject collision.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff claimed that all the injuries and treatment were a result of the collision. Plaintiff would need future medical treatment for the rest of her life, and her life will never be the same.
DEFENDANT'S CONTENTIONS: Defendant claimed that plaintiff did not require surgery in her cervical spine and that plaintiff did not have any injections prior to having surgery. Plaintiff also did not require surgery to her lumbar spine because there was no compression of nerve roots. Defense also argued that plaintiff suffered from degeneration prior to the subject collision that resulted from a 2008 collision and a 2014 collision. Because surgeries were unnecessary and unrelated to the subject collision, plaintiff requires no future care.
Insurer
AAA Insurance Company
Settlement Discussions
Maximum offer from defense of $350,000
Damages
Economic Damages: past medical expenses of $363,072; future medical expenses of $230,812 Non-Economic Damages: past: $240,000; future: $2,000,000
Injuries
Plaintiff suffered injuries to her lumbar spine and cervical spine. Plaintiff underwent chiropractic, pain management, and saw multiple orthopedic spine surgeons. After continued pain plaintiff ultimately underwent a cervical fusion and lumbar discectomy.
Result
Plaintiff's verdict for $2,833,884.
Deliberation
five hours
Poll
11-1
Length
nine days
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