Case details

Plaintiff claimed family history prolonged chronic pain recovery

SUMMARY

$11821664.14

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, brain, concussion, head, herniated disc, knee, meniscus, tear
FACTS
On Sept. 23, 2013, plaintiff Keith Sidlo, 25, a marketing manager, was walking back to his apartment complex when he tripped over a 12-inch hole that was dug around a pole. The hole was dug by Casa Blanca Builders Inc. as part of a project to begin seismic retrofitting the complex. Sidlo claimed to his head, back and a knee. Sidlo sued Casa Blanca Builders; the owner of Casa Blanca Builders, Saul Macias; and the property managers, Gorham Investments LLC and Hwang Family Partnership. Gorham Investments settled out of the case, and Hwang Family Partnership and Macias were dismissed. Thus, the matter continued against Casa Blanca Builders only. Sidlo’s counsel contended that Casa Blanca Builders was negligent for creating the dangerous condition of the uncovered hole. The plaintiff’s safety expert opined that the construction contract established that Casa Blanca Builders was responsible for the safety of the site. Casa Blanca Builders initially claimed that there was no hole and, later, claimed that hole was covered at the time of the alleged incident., Sidlo claimed he sustained a concussion, a torn meniscus of a knee, and herniated lumbar discs at that L4-5 and L5-S1 levels. He claimed that although he was in pain, he did not present to a physician until a few days after the incident. He then went to a chiropractor and, three months later, went back to a physician with complaints of knee pain. Sidlo’s concussion resolved, but he required arthroscopic surgery to repair the knee’s meniscus. One year later, he underwent a surgical revision on the injured knee. He also underwent a microdiscectomy at L4-5 and L5-S1 in 2015. Sidlo claimed the surgery was a success, but that he will eventually need a lumbar fusion due to disc desiccation. Plaintiff’s counsel contended that Sidlo’s caused him pain and that Sidlo will have to continue to live in pain. Counsel also contended that Sidlo used to be very active with cardio exercises and weightlifting, but that the have affected Sidlo’s lifestyle. Sidlo’s best friend from grammar school testified that while Sidlo seemed physically fit, he was really just a shell of his potential physical self. The plaintiff’s neuropsychiatry expert noted that Sidlo had a childhood filled with abuse that forced his independence, and opined that Sidlo’s chronic pain impacted him more due to the abuse he suffered as a child. Specifically, the expert opined that someone who had his only protector abuse him was more susceptible to feeling the setbacks of recovery than someone with an intact support structure. The plaintiff’s orthopedic surgery and neuroradiology experts opined that Sidlo would require future care for his knee and back. Sidlo sought recovery of $199,164.14 in past medical costs (after being reduced per Howell) and an unspecified amount of future medical costs. He also sought recovery of damages for his past and future pain and suffering. Defense counsel presented surveillance and social media photos of Sidlo, including photos of Sidlo shirtless and in Las Vegas. Counsel argued that Sidlo was not injured and that the photos showed that Sidlo was not impacted by any of his alleged . The defense’s neuroradiology expert was called to testify about Sidlo’s spine and knee, but during cross-examination, he conceded that he has made $30 million as an expert over approximately 15 years.
COURT
Superior Court of Los Angeles County, Santa Monica, CA

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