Case details

Rear-end crash caused sprains and strains, plaintiff claimed





Result type

Not present

back, neck, stenosis
On the afternoon of Aug. 5, 2009, plaintiff Harry Kloor, a writer, director and producer, stopped for a red light on northbound Vineland Avenue in Los Angeles, at the intersection with Whipple Street, when he was rear-ended by a limousine operated by Haroutun Sargsyan. Kloor claimed to his neck, back, knees and left shoulder. Kloor sued Sargsyan and Sargsyan’s employer and vehicle owner, Transani Inc., which was doing business as Los Angeles Limousine Service LLC. Kloor alleged that Sargsyan was negligent in the operation of his vehicle and that Transani was vicariously liable for his actions. The defendants admitted liability for the accident, and the matter proceeded to a trial on damages., Kloor was taken from the scene of the accident by ambulance and brought to an emergency room. He claimed strains and sprains to his neck, lower back, knees and left shoulder. He subsequently began chiropractic care, which has been ongoing to the present. Kloor was later diagnosed with spinal stenosis at the L4-5 level, and received trigger point and epidural injections. Kloor claimed he still experiences pain and discomfort in his lower back, affecting his ability to do martial arts and other rigorous activities, like hiking. He also claimed his condition has affected his ability to work on film and TV projects. Thus, he sought recovery of $800,000 in damages for his lost earnings, as well as $13,809.02 in damages for his past medical expenses and $140,000 in damages for his pain and suffering. Defense counsel disputed Kloor’s claim of physical limitations, and introduced photographic evidence of the plaintiff mountain hiking in Colorado less than one year after the accident. Counsel also disputed the claim of Kloor’s spinal stenosis being caused by the accident. Counsel further argued that Kloor’s claim for lost earnings was speculative based on Kloor’s self-employment history, lack of supporting documentation and lack of corroborating expert testimony. Sargsyan claimed that he paid Kloor’s medical expenses for one year after the accident, amounting to $17,430.06, but stopped paying due to, what he perceived as, excessive chiropractic treatment. Thus, defense counsel contended that Kloor should only be awarded $13,809.02 for medical costs and $5,000 for his pain and suffering.
Superior Court of Los Angeles County, Van Nuys, CA

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