Case details

Rear-ender caused spinal injury and vehicle damage: plaintiff





Result type

Not present

head, headaches
On Nov. 28, 2008, at approximately 4 p.m., plaintiff John Marshall, a film producer, stopped his 1973 Ferrari Dino 246 GTS for a red light on Sunset Boulevard in West Hollywood, at the intersection of Doheny Road, when he was rear-ended by a vehicle operated by Alain Bernheim. Marshall claimed neck and back from the accident, as well property damage to his Ferrari. Marshall sued Bernheim, alleging the defendant was negligent in the operation of his vehicle. However, Bernheim passed away during the pendency of the lawsuit and was replaced in the action by his estate. Marshall contended that Bernheim was driving inattentively as he approached the intersection, causing the rear-ender. The estate admitted that Bernheim was liable for the accident., Five days after the accident, Marshall presented to his doctor for treatment of alleged soft-tissue strains and sprains to his neck and back, as well as traumatic headaches. Marshall then followed up with three to four months of physical therapy. Marshall claimed the injury caused him to aggravate a pre-existing osteoarthritic condition in his neck and back. Thus, he claimed $16,158 in past medical costs and sought additional damages for his past and future pain and suffering. Marshall further claimed he incurred $23,375 in repair costs for his 1973 Ferrari Dino, which was paid by the defendant’s insurance carrier. Thus, he sought recovery of further property damages for the vehicle’s diminished value and his loss of use. Defense counsel contended that Marshall’s neck and back complaints were due to his pre-existing osteoarthritic condition and were not duly affected by the subject automobile accident. Defense counsel did not contest the material repairs of Marshall’s Ferrari, but disputed the diminished value claim. Counsel argued that any diminished value of Marshall’s vehicle was due to poor repairs.
Superior Court of Los Angeles County, Santa Monica, CA

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