Case details

Plaintiff claimed car crash aggravated prior injuries





Result type

Not present

brain, brain injury, concussion, head, neck, sensory, speech, vertigo
On Oct. 6, 2016, plaintiff Mark Kirsch, 68, a retiree, was driving on Cannon Road, in San Diego. His vehicle struck a vehicle that was being driven by Yulin Li, who was turning onto Cannon Road, from a parking lot. Kirsch claimed that he suffered of his back, his head, his neck, a shoulder and a wrist. Kirsch sued Li and Li’s employer, GCP CMIC ClinPlus USA Corp. The lawsuit alleged that Li was negligent in the operation of her vehicle. The lawsuit further alleged that Li’s employer was liable because the accident occurred during Li’s performance of her job’s duties. Defense counsel conceded liability. The trial addressed damages., Kirsch was retrieved by an ambulance, and he was transported to a hospital. Kirsch claimed that he suffered a concussion, that he suffered damage of a nerve in his neck, that the accident aggravated an arthritic condition of his right wrist, and that the accident aggravated preexisting of his back and his left shoulder. He had undergone surgical repair of his left shoulder’s rotator cuff in 2012. He acknowledged that he had experienced neck pain stemming from spinal-nerve impingement caused by a preexisting degenerative condition, but he claimed that the accident worsened the condition. Kirsch had suffered two prior concussions and acknowledged that he had experienced vertigo for years, but he claimed that his vertigo has become more frequent and severe since the accident. Kirsch underwent about three months of physical therapy that addressed his back, his left shoulder and his right wrist. He claimed that the treatment resulted in a return to his pre-accident status. Kirsch further claimed that his vertigo persists and that his back, his left shoulder, his neck and his right wrist remain painful. He undergoes a pain-management regimen that includes ablation of problematic spinal nerves. Kirsch’s treating pain-management specialist opined that Kirsch’s vertigo has worsened, but the expert did not address Kirsch’s concussion. Kirsch sought recovery of $96,000 for past medical expenses, $640,000 for future medical expenses, and unspecified damages for past and future pain and suffering. The defense’s expert neurologist opined that Kirsch did not suffer a concussion. Defense counsel contended that the accident caused nothing more than a sprain and/or a strain of Kirsch’s neck. Defense counsel also contended that Kirsch’s treatment was excessive and unreasonable.
Superior Court of San Diego County, San Diego, CA

Recommended Experts


Get a FREE consultation for your case