Case details

Rear-ender aggravated prior cervical injuries, plaintiff alleged





Result type

Not present

back, cervical disc injury, degenerative disc condition, exacerbation of, exacerbation of neck, neck
On March 26, 2012, plaintiff Vahik Jamshidian, 53, an auto parts distributor, was driving on northbound Van Nuys Boulevard in Van Nuys. When he was just north of the on-ramp to the 101 Freeway, Jamshidian was rear-ended by a vehicle operated by Asher Gottesman. Jamshidian claimed to his neck. Jamshidian sued Gottesman and the registered owner of Gottesman’s vehicle, Michael Shiffman. Jamshidian alleged that Gottesman was negligent in the operation of his vehicle and that Shiffman was vicariously liable for Gottesman’s actions. Shiffman was ultimately dismissed from the case. Gottesman admitted liability, and the matter proceeded to a trial on causation and damages., Jamshidian was taken by ambulance to an emergency room. He then followed up with a chiropractor, and underwent a set of X-rays and a cervical MRI, which noted degenerative changes at C5-6 and C6-7 with foraminal narrowing. He claimed his condition was aggravated by the accident. Jamshidian subsequently treated with epidural injections at each level, but claimed the pain relief only lasted for two months. Six weeks after the subject accident, on May 10, 2012, Jamshidian was involved in another automobile accident. He claimed a future neck surgery was recommended, but he is not currently receiving any treatment. Jamshidian also claimed he was very active prior to the subject accident, but that his neck condition has restricted his physical activity and ability to travel with his family. Thus, Jamshidian sought recovery of $30,878.38 in past medical costs, $168,00 in future medical costs for the recommended neck surgery and treatment, and $600 in past loss of earnings for three days of missed work. He also sought recovery of $100,000 to $125,000 in damages for past pain and suffering, and $200,000 in damages for future pain and suffering. Defense counsel disputed the nature and extent of Jamshidian’s , and the reasonableness and necessity of Jamshidian’s medical treatment. Counsel contended that Jamshidian only complained of an injury to his left elbow at the scene of the accident, and denied any neck injury to paramedics or emergency room doctors. Counsel also contended that an X-ray of Jamshidian’s left arm was negative for any fractures. Defense counsel argued that Jamshidian had gaps in treatment and that Jamshidian did not report the subsequent accident to any of his treating doctors. Counsel also argued that Jamshidian treated 18 times with chiropractic care after the second accident, as well as three times with his pain management specialist. Thus, counsel argued that the subsequent accident may have caused or contributed to Jamshidian’s condition.
Superior Court of Los Angeles County, Santa Monica, CA

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