Sim Wahabi v. Jean Paul Kornak aka John Kornak
Published: Nov. 25, 2003 | Result Date: Mar. 5, 2003 | Filing Date: Jan. 1, 1900 |Case number: LC056644 Verdict – $0
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Gilbert A. Garcia
(Garcia Law Firm)
Experts
Plaintiff
Mohsen M.D. Hamza
(medical)
James C. Strazzrie
(medical)
Defendant
Arthur Kreitenberg M.D.
(medical)
Edward J. O'Connor
(Solomon Ward Seidenwurm & Smith LLP)
(medical)
Facts
The plaintiff, a 49-year-old male, was a tenant in a single family residence owned by the defendant who rented out each of the bedrooms to separate tenants but did not live at the residence. All of the tenants in the house had equal access to the kitchen. The plaintiff claimed that he had several encounters with another tenant in the house who he complained often picked on him. On June 21, 2000, the plaintiff claimed that this other tenant severely beat him with a shotgun. The plaintiff sued the defendant and alleged negligence.
Specials in Evidence
in excess of $100,000
Injuries
As a result of the encounter, the plaintiff suffered a compound fracture of the upper third of his humerus. He claimed that the fracture healed with an 18-degree deformity. He also sustained severe bruising to the face and body. The plaintiff's neurologist testified that as a result of the beating, the plaintiff developed grand mal seizures. The plaintiff also might require future neck and back surgery. The defendant disputed the nature and extent of the plaintiff's injuries. The defendant's expert agreed that the plaintiff had sustained a compound fracture but he believed that the fracture had healed well and that the plaintiff would be able to return to normal activity despite a resultant cosmetic deformity. The defense also argued that the plaintiff had a pre-existing history of seizures, anxiety, depression and memory loss.
Other Information
The plaintiff has filed a memorandum of costs.
Deliberation
six hours
Length
10 days
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