Janet Henderson v. Alexander Polushkin
Published: Nov. 4, 2003 | Result Date: Sep. 15, 2003 | Filing Date: Jan. 1, 1900 |Case number: PC031292 Arbitration – $351
Court
L.A. Superior San Fernando
Attorneys
Experts
Plaintiff
Lawrence Schneider
(medical)
Barnett Steven Mayerson
(medical)
Defendant
Stephen L.G. Rothman M.D.
(medical)
Anthony Feuerman
(medical)
Facts
The subject suit involved an alleged automobile versus pedestrian accident which occurred in the parking lot of Von's supermarket at Balboa and San Fernando Boulevard on Nov. 6, 2001. The plaintiff, a pedestrian, claimed to have been struck by the defendant's car as he was backing out of a parking space. The defendant contended that he observed the plaintiff approaching his vehicle and stopped. The plaintiff then began kicking and punching his car. A verbal altercation ensued and the plaintiff stated "You almost ran me down" and "I'm going to take you for all your worth." The defendant/cross-complainant's vehicle sustained property damages from the plaintiff kicking and punching it. The plaintiff alleged she sustained serious and permanent injuries. The defendant alleged that the plaintiff caused her own injuries (if any) by punching and kicking the defendant's car. The defendant also claimed that the T12 fracture was based on an x-ray taken nine months after the accident. The plaintiff had no immediate complaint of thoracic pain. The plaintiff also had a serious history of depression that pre-dated the accident. The defense also alleged that the plaintiff had a history of taking prescribed narcotics for pain, dating back to 1991. In the year before the accident, the plaintiff was prescribed 4066 doses of prescription pain medication. Additionally, the medical records did not support any claim for liver damage. The defendant also pointed out that the plaintiff had been on disability and has not worked, other than odd jobs, since approximately 1987.
Settlement Discussions
The plaintiff demanded $50,000 at arbitration.
Specials in Evidence
$3,296 $43,750 $1.4 million
Injuries
The plaintiff alleged injuries to her left hip, a fracture at T12, anxiety, sleeplessness, depression, severe muscle spasms, aggravation of a lumbar spine condition which included a lumbar fusion in November 1992 and liver damage from pain medications taken following this accident. The plaintiff claimed that she was severely and permanently disabled and unable ever to work again due to liver damage from pain medication prescribed as a result of this accident.
Result
The arbitrator, Arthur Paul Berg, found both parties to be 50 percent negligent. He awarded the plaintiff only her medical specials for the first emergency room visit ($701) and rejected any claims of serious injury or pain and suffering. The award became judgment as neither side requested trial de novo. The defendant was awarded $200 for the property damage to his car, reduced to $100 for his 50 percent comparative liability.
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