Case details

Rear-end crash caused knee and lower back injuries: plaintiff





Result type

Not present

back, head, headaches, herniated disc, knee, lumbar, meniscus, neck, tear
On Jan. 7, 2013, at approximately 3:47 p.m., plaintiff Seyed Miremadi, 59, a self-employed restaurant owner, was stopped for a red light on westbound Rockfield Boulevard, at the intersection with Oldfield in Irvine, when he was rear-ended by a vehicle operated by Henry Olcese. Miremadi claimed to his neck, back, right arm/hand, left shoulder, both eyes, and right knee. Miremadi’s wife (a non-party) was in the front passenger seat at the time of the accident and was also injured. Miremadi sued Olcese, alleging the defendant was negligent in the operation of his vehicle. Olcese admitted liability for the accident, and the matter proceeded to a trial on causation and damages., Miremadi went to see his wife, who was taken by ambulance to an emergency room. While there, Miremadi was evaluated for his own complaints of ongoing pain to his neck, back, right arm/hand, and left shoulder, as well as for a headache. He also complained of pressure on his eyes and was treated by an eye doctor. On Jan. 15, 2013, Miremadi went to a neck-and-beck medical center and started a course of physical therapy that ran for roughly three months. He also consulted with an orthopedic surgeon and was diagnosed with a lumbar disc herniation. Miremadi then saw an orthopedic surgeon on May 13, 2013, in regard to his complaints of right knee pain and was diagnosed with a torn meniscus. He subsequently underwent arthroscopic surgery on his right knee on May 23, 2013. He then returned to the orthopedic surgeon with lower back complaints on June 27, 2013, and was referred to a spine specialist, whom he saw on July 2, 2013. Most recently, Miremadi consulted with a physiatrist on Aug. 1, 2014, and was recommended epidural injections for his neck and left shoulder, as well as surgery for his lower back. He claimed his current condition has interfered with his ability to engage in activities like basketball, jogging, and karate, while also affecting him at work. Miremadi also claimed his condition affected his personal life, contributing to a separation with his wife. Thus, Miremadi sought recovery of $20,829 in past medical costs (post-Howell) and $40,000 in future medical costs. He also sought recovery of damages for his past and future pain and suffering. Defense counsel disputed the reasonableness and necessity of Miremadi’s physical therapy treatment. Counsel argued that Miremadi’s right knee injury and surgery, and current lower back injury and need for future surgery, were not causally related to the accident. Defense counsel further argued that Miremadi should be awarded only $5,070.70 for his past medical costs and $2,500 for his pain and suffering.
Superior Court of Orange County, Santa Ana, CA

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