Case details

Plaintiff’s speed contributed to 2011 accident, defense argued





Result type

Not present

back, fusion, herniated disc, lower back, lumbar, lumbar neck, neck
On Aug. 21, 2010, plaintiff Edvin Tarmani, 47, a delivery person, was driving in San Jose when his vehicle was rear-ended by a vehicle operated by Craig Klootwyk. About 10 months later, on June 15, 2011, Tarmani was involved in another collision in San Jose when a vehicle operated by James Vincent Anthony Morelan made a left turn in front of him. Tarmani claimed to his lower back as a result of the two accidents. Tarmani brought a claim against the driver involved in the 2010 crash, Klootwyk. Tarmani also brought a separate claim against the driver involved in the 2011 accident, James Vincent Anthony Morelan, and the owner of that driver’s vehicle, James R. Morelan. The matters were ultimately consolidated for trial. Tarmani claimed that Klootwyk failed to keep a proper lookout and was negligent in the operation of his vehicle, causing the 2010 crash. Tarmani also claimed that James Vincent Anthony Morelan was negligent in the operation of his vehicle during the 2011 incident and failed to yield the right of way. He further claimed that James R. Morelan was vicariously liable for James Vincent Anthony Morelan’s actions. Klootwyk ultimately admitted liability for the 2010 accident. However, his counsel contended that Klootwyk’s accident was of moderate impact. Morelan claimed that Tarmani was speeding as he entered the intersection. Thus, he contended that Tarmani caused or contributed to the 2011 accident not allowing him enough time to complete his left turn., Tarmani complained of neck and lower back pain after each accident, and was subsequently taken by ambulance to a hospital following both incidents. He claimed his treating orthopedic surgeons ultimately diagnosed him as having herniated lumbar discs, requiring a two-level lumbar fusion. The plaintiff’s treating orthopedic surgeons all opined that Tarmani’s herniations and need for surgery were causally related to the subject accident. Thus, Tarmani sought recovery of $300,000 in medical costs for the fusion surgery. He also sought recovery of damages for his pain and suffering. Klootwyk’s counsel argued that the 2010 accident involved only a moderate impact, which would not have caused the alleged. Counsel for all the defendants contended that Tarmani’s were, at most, only minor soft-tissue .
Superior Court of Santa Clara County, Santa Clara, CA

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