Case details

Plaintiff claimed car crash caused continuing neck pain





Result type

Not present

back, cervical, lumbar, neck, sprain
On Nov. 9, 2017, plaintiff Mark Boskovich, 50, a store-operations manager, was driving on Las Virgenes Road, in Malibu. His vehicle was rear-ended by a vehicle operated by Sharareh Ghedari. Boskovich claimed that he suffered of his back and neck. Boskovich sued Ghedari. The lawsuit alleged that Ghedari was negligent in the operation of her vehicle. Defense counsel conceded liability. The trial addressed damages., Boskovich claimed that he suffered sprains and strains of his back and neck. Boskovich presented to a physician one week after the accident and underwent MRIs and chiropractic care. About eight or nine months after the accident, Boskovich received a facet injection to his neck. Around that time, he took one month off from work. Boskovich claimed that, despite treatment, he still has neck pain. Boskovich’s pain-management expert opined that Boskovich’s treatment was reasonable and necessary. The expert also recommended that Boskovich undergo radiofrequency ablation for his continuing neck pain. Boskovich sought recovery for his past and future medical costs, and past and future pain and suffering. Plaintiff’s counsel asked the jury to award Boskovich $260,000 in total damages. There was no visible damage to Boskovich’s vehicle, while Ghedari’s vehicle was totaled. However, the parties stipulated that Ghedari’s negligence was a substantial factor in causing Boskovich’s initial harm. Defense counsel contended that Boskovich may have received some degree of injury from the accident, but that no medical care was needed at the accident scene and Boskovich was able to drive his car home from the accident scene. Counsel argued that the alleged and residual effects could not have been as bad as Boskovich claimed, given that Boskovich did not attempt to seek treatment for 1.5 years, until just prior to trial. Defense counsel noted that Boskovich had not been to a physician for his alleged residual complaints for over a year and that the physician whom Boskovich saw at that time was someone who worked with plaintiff’s counsel on many prior occasions. Defense counsel also noted that Boskovich saw the physician for the first time a few weeks before trial, which was a few years after the accident. Defense counsel asked the jury to award Boskovich no more than $30,000.
Superior Court of Los Angeles County, Van Nuys, CA

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