Clemente Solis Jr. v. Khairi Hurmiz
Published: Oct. 13, 2023 | Result Date: Aug. 11, 2023 | Filing Date: May 26, 2020 |Case number: 37-2020-00015799-CU-PA-CTL Verdict – $536,000
Court
San Diego County Superior Court
Attorneys
Plaintiff
Elliott N. Kanter
(Law Office of Elliott N. Kanter)
Davida M. Frieman
(Alder Law PC)
C. Michael Alder
(AlderLaw PC)
Defendant
Jennifer L. Russell
(Ford, Walker, Haggerty & Behar LLP)
Michele M. Messenger
(Ford, Walker, Haggerty & Behar LLP)
Facts
The accident occurred on Aug. 12, 2019, on the I-8 freeway. Plaintiff Clemente Solis Jr. was operating a silver 2014 Dodge Journey and defendant Khairi Hurmitz was driving a 2006 Mercedes E350. Defendant rear-ended plaintiff's vehicle at approximately 60 mph and pushed it into a third vehicle. Plaintiff's vehicle was a total loss.
Contentions
DEFENDANT'S CONTENTIONS: Defendant admitted fault for the accident and some injury but disputed the full extent of injury and damages and contended that plaintiff failed to mitigate his damages
Insurer
Interinsurance Exchange of the Automobile Club of Southern California
Settlement Discussions
Plaintiff demanded $8,220,000; Defendant offered $500,000
Specials in Evidence
Meds: $612,949 Loe: $250,500 Future Loe: $526,579 Future Meds: $780,000 life care plan including additional surgeries and or a spinal cord stimulator
Injuries
Plaintiff suffered shoulder pain resulting in a shoulder surgery, neck pain resulting in chiropractic care, epidural injections, a three-level neck surgery consisting of a two level ACDF/ fusion and one level disc replacement. acute post-concussion syndrome, traumatic brain injury, acute post-concussion/traumatic headaches, tension type and traumatic occipital neuralgia, dizziness due to vestibular dysfunction associated with head concussion, lower back pain, sleep disturbances, memory dysfunction, anxiety, and feelings of depression and chronic pain syndrome. Plaintiff claimed that his injuries prevented him from returning to work. He had four years of past pain and suffering and 21.7 years future life expectancy for pain and suffering at a minimum of $200,000 a year.
Result
Verdict for $536,000.
Deliberation
1.5 days
Poll
12-0
Length
three weeks
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