On Aug. 16, 2010, plaintiff Veronica Garabedian, 41, a medical assistant, was driving on Wilshire Boulevard in Beverly Hills when she entered the intersection with Carson Road and broadsided a vehicle operated by Stuart Silverman. Garabedian claimed to her back. Garabedian sued Silverman, alleging the defendant was negligent in the operation of his vehicle. Specifically, Garabedian contended that Silverman attempted left turn from the opposite direction on Wilshire Boulevard to Carson Road when it was unsafe to do so. Silverman claimed that traffic was very heavy and that the oncoming two lanes of travel were stopped. Thus, he claimed that there was no traffic in the third lane when he began to slowly to cross that lane. However, Silverman contended that even though he was straddling the lane for several seconds, Garabedian caused the collision by speeding and being inattentive., Garabedian claimed that she sustained a lower back injury from the accident. She alleged her injury was a lumbar disc herniation, which ultimately required disc replacement surgery. She also claimed that she suffered emotional distress as a result of the accident. Garabedian alleged that she continues to suffer from lower back problems and will require additional surgeries. She also alleged that she had to miss time from work as a result of her condition. Thus, Garabedian sought recovery of $54,058 in past lost earnings, $283,631 in past medical costs, $75,000 in future lost earnings, $1,172,297 in future medical costs, and $11,690.49 in property damage and loss of use to her vehicle. The court, over objection, precluded recovery of all non-economic damages. Defense counsel argued that Garabedian’s alleged “lower back problems” were not related to the accident. Counsel noted that Garabedian was not treated at, or transported from, the accident scene and that Garabedian failed to disclose considerable prior lower back issues, including one issue when her orthopedic surgeon recommended that she have an MRI of her lower back three months before the August 2010 accident.
