Case details

Pedestrian claimed accident caused on-going pain





Result type

Not present

neurological, reflex sympathetic
On Sept. 27, 2018, plaintiff Michael Green, 32, a technology director, was walking north in a marked pedestrian crosswalk at the intersection of Holloway Drive and Palm Avenue, in West Hollywood. While he was in the crosswalk, Green’s left foot was run over by the left front tire of a vehicle operated by Mohamad Navab. Green sued Mohamad Navab and the co-owner of Mr. Navab’s vehicle, Neda Navab. Green alleged that Mr. Navab was negligent in the operation of his vehicle and that Ms. Navab was vicariously liable for Mr. Navab’s actions. Prior to trial, Green dismissed Ms. Navab, so there was no issue of vicarious liability during litigation or at trial. Plaintiff’s counsel contended that Mr. Navab was driving west on Holloway Drive, approaching the intersection with Palm Avenue, but that Navab came upon vehicles stopped in front of him and attempted to pass them by proceeding into the parking lane on the right side. Counsel contended that Navab’s vehicle then entered the marked crosswalk where Green was crossing and ran over Green’s foot. Plaintiff’s counsel presented a witness, an investigating police officer, and accident reconstruction and biomechanics experts to confirm that Navab’s vehicle entered the crosswalk. Defense counsel disputed liability, arguing that Green was inattentive and could have avoided Navab’s vehicle. Counsel also presented accident reconstruction and biomechanics experts to confirm that Green was inattentive., Green sustained a crush injury to his left foot and was taken by ambulance to a hospital for treatment. Following the incident, Green had consistent complaints of pain and was ultimately diagnosed with complex regional pain syndrome, also known as reflex sympathetic dystrophy or causalgia, a chronic pain condition, about two years after the incident. Prior to being diagnosed, he attempted relief by undergoing three lumbar sympathetic blocks, several cortisol injections to the foot, a peroneal nerve release, a tarsal tunnel nerve release and a calcaneal nerve release, as well as having a temporary spinal cord stimulator implanted. However, Green alleged that none of the treatments resolved his pain completely, but that the temporary spinal cord stimulator has decreased the pain in his left foot. Green claimed he will require a permanent spinal cord stimulator for relief. Green sought recovery of past and future medical costs, and damages for his past and future pain and suffering. Defense counsel denied that Green had CRPS or any other residual as a result of the subject accident. Counsel introduced sub rosa surveillance videos of Green that allegedly showed Green walking and squatting without any signs of pain.
Superior Court of Los Angeles County, Los Angeles, CA

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