Case details

Plaintiff claimed crash caused headaches that need future care





Result type

Not present

brain, brain damage, brain injury, concussion, head, headaches, neck, traumatic brain injury
On Dec. 17, 2015, plaintiff Pawel Wilczynski, 42, an industrial equipment technician, was driving near the intersection of Mesa Boulevard and Sequence Drive, in San Diego. His vehicle was rear-ended by a vehicle operated by Melanie Courtoglous. Wilczynski claimed to his head. Wilczynski sued Courtoglous; the co-owner of her vehicle, David Courtoglous; Ms. Courtoglous’ employers, Zirbel Enterprises Inc. and Kyros Group, LLC; the owner of Zirbel Enterprises, Douglas Zirbel; and the owner of Kyros Group, Daniel Seiter. Wilczynski alleged that Ms. Courtoglous was negligent in the operation of her vehicle and that Mr. Courtoglous was vicariously liable for Ms. Courtoglous’ actions. Wilczynski also alleged that Ms. Courtoglous was either an agent or employee of Zirbel Enterprises and Kyros Group and that the companies and their respective owners were vicariously liable for Ms. Courtoglous’ actions while in the course and scope of her employment. Ms. Courtoglous did not dispute negligence. The corporate defendants and their respective owners disputed liability, claiming that Ms. Courtoglous was not in the course and scope of her employment at the time of the accident., Wilczynski claimed he sustained a mild traumatic brain injury (a concussion). He was immediately taken to a hospital, where he was treated and released. Wilczynski claimed he was left with migraine headaches and neck pain. He also claimed that although he was able to promptly return to work, he experienced occasional limitations as a result of his headaches and neck pain during his work, as well as during recreational activities with his family. Wilczynski alleged that as a result, he will require future migraine treatments in form of Botox injections. Wilczynski sought recovery of damages for his past and future pain and suffering. Defense counsel denied that Wilczynski was injured in the accident or that Wilczynski needed any further treatment.
Superior Court of San Diego County, San Diego, CA

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