Facts

Scott Myers sued Walter Kozlov, Ludmila Kozlov aka Ludmila Divinsky, and Franchise Services Inc., in connection with a motor vehicle accident that allegedly occurred on Jan. 4, 2011.

PLAINTIFF'S CONTENTIONS:
Plaintiff was stopped at an on-ramp when he was rear-ended by a vehicle driven by defendant Kozlov. He sustained injuries and sued Kozlov, the owner of the vehicle Ludmila Divinsky, and Kozlov's employer, Franchise Services, alleging negligence and vicarious liability.

DEFENDANTS' CONTENTIONS:
Defendant Franchise Services denied any liability, arguing Kozlov was operating the vehicle for his own personal use at the time the accident occurred. Additionally, defendants disputed the extent of plaintiff's claimed injuries and the necessity of the treatment he received.

Settlement Discussions

Myers demanded $1 million in settlement. Defendants offered to settle for $250,000.

Damages

Myers requested $4.3 million in total damages, consisting of $125,000 in past medical cost; $125,000 in past lost income; $75,000 to $100,000 in future medical costs; $8,000 in future lost income; and an unspecified amount for past and future pain and suffering.

Injuries

Myers claimed pain in his shoulder, neck, and back, pain that shot up to his head. Myers claimed the pain also affected his temples, jaw, right eye, the top of his head, and his brain. Moreover, Myers claimed he experienced hearing loss and vision abnormalities. He also had limited mobility in his neck. He underwent spinal surgery in December 2014. However, he claimed he continued to experience medical issues despite the surgery and subsequent rehabilitation.

Result

Just prior to the jury's verdict, Myers agreed to dismiss his complaint against Kozlov. The jury then found Kozlov negligent and awarded Myers damages totaling $141,149, which included $16,149 in past medical costs, $21,000 in general damages, and $104,000 in past lost earnings. The jury also found that Kozlov was not in the course and scope of his employment when the accident occurred. As a result of Kozlov's dismissal, the overall verdict was in favor of the defense.

Deliberation

4.5 hours

Poll

11-1

Length

seven days