Case details

Passenger claimed medical van driver ran red light, causing crash

SUMMARY

$1200000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
annular tear, back, bulging disc, lumbar neck, neck
FACTS
On Sept. 28, 2015, plaintiff Anna Kozlovsky, 41, a bookkeeper, was a passenger in a non-emergency medical van operated by Vitaliy Zilbershertyn. While traveling west on Santa Monica Boulevard, they entered the intersection with Beloit Avenue, in Los Angeles, and was involved in a broadside collision with a non-party vehicle, which was traveling south on Beloit Avenue. Kozlovsky claimed to her neck and back. Kozlovsky sued Zilbershertyn and Zilbershertyn’s employer, the owner of the van, New Century Medical Transportation Inc. Kozlovsky alleged that Zilbershertyn was negligent in the operation of the van and that New Century Medical Transportation was vicariously liable for Zilbershertyn’s actions. Kozlovsky’s counsel contended that Zilbershertyn ran a red light on Santa Monica Boulevard, causing the collision. Defense counsel contended that the non-party driver ran a red light on southbound Beloit Avenue and caused the collision., Kozlovsky claimed she sustained bulging lumbar discs at the L4-5 and L5-S1 levels with an annular tear at L4-5 and bruising, strains and sprains to her neck and back. She was taken to a hospital for treatment, and then had provider visits, physical therapy, X-rays, MRIs and medication. Although she was able to continue working, Kozlovsky claimed she has daily pain, which limits her activities of daily living. She also claimed she will eventually require a two-level artificial disc replacement at the L4-5 and L5-S1 levels. Kozlovsky sought recovery for her future medical costs, and past and future pain and suffering. Defense counsel disputed the cause, nature, extent and amount of Kozlovsky’s alleged . Counsel also argued that Kozlovsky contributed to her by not wearing a seat belt at the time of the collision.
COURT
Superior Court of Los Angeles County, Santa Monica, CA

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