Lexus driver was blamed for the accident in which motorcyclist was severely injured. She claims he was lane-splitting.
At 5:40 p.m. on April 29, 2014 plaintiff was riding his 2003 Kawasaki motorcycle in the number 1 lane of northbound Interstate 5 close to the Los Angeles River. Zea Borok, defendant, was operating her Lexus white in the number two lane ahead. He suddenly moved into the number 1 lane without signaling. This caused another motorcycle, which was traveling between the number one-two lanes, to turn to the left and cross into plaintiff’s path to avoid colliding. The Lexus stopped at a 45-degree angle. Jonathan Pontel, the operator of the motorcycle, was stopping between the Lexus and the center divider. This blocked the number one lane partially and completely. Plaintiff braked hard and turned to the right. His motorcycle’s rear ended lifted and flipped over, causing him to tumble to the ground. The motorcycle then fell on top of him.
Case Details
- Case Name: Nicholson.
- Court and case number: Los Angeles Superior Court/BC553756
- Judgment or Verdict Date: Wednesday August 17, 2016
- Date Action Filed: Monday August 11, 2014.
- Types of Action: Negligence and Vehicles-Motorcycle
- Judge/Arbitrator(s),Hon. Bobbi Tillmon
- Plaintiffs: Stephen Nicholson (42), big truck mechanic.
- Defendants: Zea Borok
- Type: Jury Verdict
Verdict and Settlement
- Award or Gross Verdict:$3,778,095.94
- Award or Verdict: $3,135,819.63
- Contributory/Comparative Negligence: 87% to defendant; 13% to plaintiff.
- Economic Damages Past earnings loss: $99 386Past medical expenses: $396.243.63Property damage: $6192.31Future earnings loss: $1,107 274Future medical expenses: $269,000
- Non-Economic Damages: Past non-economic damage: $400,000Future non-economic damage: $1,500,000
- Punitive damages None.
- Arbitration or Trial Time: 7 Days
- Jury Deliberation: 2 Days
- Jury polls: 12-0
- Pending.
Personal Injury Lawyers
- Attorney for the Plaintiff Law Offices Victor Alexanderoff APC by Victor Alexandroff Encino
- Advocate for the Defendant Law Offices Gregory J. Lucett, Elizabeth Sutlian, Marsha Munemura and Jason Cohen, Glendale
Expert Witnesses
- Plaintiff’s Medical Expert(s). Jacob E. Tauber M.D., Glendale, Orthopedic Surgery. (Treating physician.)
- The Medical Expert(s), Defendant: Beverly Hills, Jonathan T. Nassos M.D.
- The Technical Experts of Plaintiff: Joseph G. Yates, accident reconstruction, Seal Beach. Sandra Schneider, M.S., CRC, CDMS, ABVE., vocational rehabilitation, Los Angeles. Susan P. Bleecker, accounting, Pasadena.
- Technical Expert(s), Defendant: Kenneth A. Solomon Ph.D. Accident investigation, Woodland Hills. Jubin Merati, Ph.D., AVA, AIBA, BVAL, CFFA, economics, Los Angeles.
Lawyers’ Closing Arguments
Plaintiff’s Contentions: Zea Borok is the defendant in this accident. Ms. Borok was not attentive and made an unsafe lane switch without signaling in violation of California Vehicle Code sections 22107, 2258 and 22108.
Defendant’s Contentions: The plaintiff was speeding too fast, lane splitting and following too closely at the time of the accident, and thus caused his own injuries.
Personal Injuries and Damages
- Plaintiff claims physical injuries Plaintiff sought help from Jacob Tauber M.D., an orthopedic surgeon. He was experiencing persistent pain, swelling and popping in his knees, as well as pain to his right elbow and shoulder. Dr. Tauber recommended that MRIs be done on both his knees as well as an ultrasound of the right elbow. On October 8, 2014, Dr. Tauber performed an ultrasound of his right elbow. It revealed micro-ruptures and edema of the common tendon and subluxation of the ulnar nerve. Dr. Tauber recommended nerve conduction and an EMG for the right elbow. An MRI of the left knee was taken on September 19, 2014. It revealed a thinned anterior cruciate and partial tear of its posterior cruciate. There was also a grade III tear in the posterior horn and narrowing of it. There were also grade III tears in the anterior and posterior horns and lateral meniscus. The lateral tibial plate fractured and a small amount of joint effusion. An MRI of right knee taken on November 6, 2014 showed that the anterior cruciate and posterior cruciate ligaments were thinned, along with a partial tear in the posterior cruciate. There was also a grade II tear in the medial horn and grade II signal within the lateral meniscus. There was also a grade III tear in the anterior horn and minor joint effusion. Aaron Coppelson M.D. was consulted by plaintiff on November 18, 2014. The electro-diagnostic testing revealed that plaintiff had suffered moderate compression at the median nerve in the carpal tunnel, right moderate compression at or near the medial epicondyle, and left mild compression at the median nerve in the carpal tube. Dr. Tauber informed plaintiff that he was eligible for arthroscopic knee surgery. Plaintiff was in constant pain and difficulty, as well as persistent locking and losing sensation, which caused him to fall. Dr. Tauber referred plaintiff to Jamshid Hekmat M.D., an orthopedic surgeon. For a second opinion. Dr. Hekmat recommended arthroscopic knee surgery after reviewing the MRIs and his examination. Plaintiff underwent the recommended arthroscopic procedure of his left knee on June 25, 2015. His left knee was still in pain and he was undergoing physical therapy. He fell and severely twisted his left knee. He was unable to carry weight and ambulate on his left knee. A July 21st, 2015 MRI of his left knee revealed partial tearing in the patellar tendon and medial collateral ligament. The tears were repaired by a second surgery on July 30, 2015. Plaintiff complained of continual pain in his right elbow, shoulder and numbness on July 16, 2015. Dr. Tauber ordered additional MRI studies on July 22, 2015. Acromioclavicular Degeneration was found in the right shoulder. The MRI also showed tendinopathy of rotator cuff. Dr. Tauber diagnosed right shoulder impingement syndrome. He recommended that he undergo an arthroscopic sub acromial compression and that he be decompressed the right elbow ulnar nerve with plastic closure and medial epicondylectomy. Plaintiff underwent the recommended surgery to his right elbow and wrist on September 25, 2015. Plaintiff received two months of physical therapy following the surgery to restore mobility to his left arm/shoulder. Due to plaintiff’s ongoing pain and difficulties, Dr. Tauber ordered a second MRI of his left knee. His medial meniscus was re-tearned, according to the MRI. The tear was repaired surgically by plaintiff on November 20, 2015. He was then treated with physical therapy for two months. The recommended surgery to repair his right knee was performed by Dr. Tauber on January 22 2016. Plaintiff reported continued pain and problems with his left knee in his follow-up visits with Dr. Tauber. Plaintiff was complaining of buckling and giving up. After extensive discussions with Dr. Tauber about the various options of care, including therapy, medication and injections versus total joint replacement, plaintiff decided to go ahead with surgery on March 9, 2016. He has a severely limited range of motion after three months.Dr. Tauber has informed Plaintiff that additional surgery will be required for his left knee. Dr. Tauber has made arrangements for anesthesia to perform manipulations in order to increase extension and flexion. He will need to undergo further surgery if this fails.
- Earnings loss
Special Damages
- Special Damages Claimed – Past Medical: $396,243.63
- Special Damages Claimed – Future Medical: $269,000
- Claimed Special Damages – Past Earnings:$993,386
- Claimed Special Damages – Future Loss Earnings:$1,170.274
Demands and offers
- Plaintiff, SS998 Demand$1,499,000
- Final Demand of the Plaintiff before Trial:$1,200,000
- Defendant in SS998 Offer$941,000 at the time of trial
