Case details

Plaintiff claimed injuries due to electrical shock from light switch

SUMMARY

$172790

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
cervical disc niation, nerve damage, pain, right arm disc injury
FACTS
On Nov. 29, 2012, plaintiff Michael Fishel, 51, a mechanic, attempted to turn on the lights at his place of employment, A&M Auto Repair and Towing, in Gardena, when he allegedly sustained an electric shock. Fishel subsequently claimed to his neck and right arm. Fishel sued the owners of the auto shop, Gregory Fermanian and Armen Fermanian. Plaintiff’s counsel noted that the night before the incident, it had rained and that there was water in the area of the switch due to a leak in the roof. Thus, counsel argued that the owners were negligent because they failed to repair the roof, which would have prevented the leaking water and subsequent shock. The Fermanians admitted negligence in not repairing the leaking roof. However, the defense’s electrical engineering expert opined that since the subject switch was grounded, Fishel could not have been injured., Fishel claimed he suffered an electrical shock. He was subsequently taken to a hospital, where he was treated and released. Fishel alleged a cervical disc herniation from an unknown mechanism. He also claimed he developed weakness and pain in his right, dominant arm due to nerve damage and/or the disc injury. Fishel ultimately received epidural injections to treat his cervical injury. Fishel claimed that he would eventually require surgery on his a cervical spine. Thus, he sought recovery of $37,500 in past medical costs for the evaluation at the hospital, MRIs, and epidural injections. He also sought recovery of $55,000 to $60,000 in future medical costs for his anticipated surgery. Fishel made no wage loss claim, but sought recovery of damages for his past and future pain and suffering. Defense counsel denied that Fishel sustained an electric shock and argued that even if he did, Fishel’s were unrelated to the alleged incident. Plaintiff’s counsel noted that Fishel was impeached with sub rosa video that showed him bowling with his right hand, even though Fishel previously claimed he rarely bowled with it.
COURT
Superior Court of Los Angeles County, Long Beach, CA

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