Allstate offers a low-ball offer and claims the plaintiff exaggerated the severity of his injury.
Plaintiff was driving along Cannon Road on October 6, 2016, when defendant Yulin L made an illegal turn in front plaintiff’s car. This caused the vehicles to collide. The plaintiff was 68 years of age at the time. He was then retired. Prior shoulder injuries (prior to rotator cuff surgery 2012); prior neck problems; prior back problems; right wrist problems; and head injuries.
Case Details
- Case Name: Kirsch v. Li
- Court and case number:San Diego Superior Court/2018-46128
- Judgment or Verdict Date:Thursday July 22, 2021
- Date Action Filed:Wednesday September 12, 2018,
- Types of Action: Cars – Auto Vs. Auto. Vehicles–U Turn, Car Accident
- Judge/Arbitrator(s),Hon. Carolyn Caietti
- Plaintiffs:Mark Kirsch
- Defendants: Yulin LiGCP CIMIC CLINPLUS USA, INC.
- Type:Jury Verdict
Verdict and Settlement
- Award or Gross Verdict:$107.475.62
- Award or Verdict:$107.475.62
- Contributory/Comparative Negligence: None.
- Economic DamagesPast medical expenses: $57.475.62
- Non-Economic Damages:Past: $50,000
- Arbitration or Trial Time:4 Days
- Jury Deliberation: 3 hours and 15 minutes
- Jury polls:12-0 for all questions.
- Post-Verdict Settlements and Motions:None.
Personal Injury Lawyers
- Attorney for the PlaintiffRejali Law Firm, APC By Omid Rejali San Diego
- Advocate for the DefendantLaw Offices Micaela de la Carta by Jay Nunez in San Diego
Expert Witnesses
- Plaintiff’s Medical Expert(s).Yogesh Patel M.D. Pain management, Carlsbad. (Treating physician.)Erik S. Viirre, neurology, San Diego. (Treating physician.)
- The Medical Expert(s), Defendant:Robert Eastlack, Orthopedic Surgery.Jonathan Schleimer, neurology.
Lawyers’ Closing Arguments
Plaintiff’s Contentions:Plaintiff claimed that his right wrist, back and low back were all affected by the collision. However, after three months of treatment, they returned to baseline.Plaintiff claimed that his neck pain was worsened by an inflamed facial injury. He required pain management, including radiofrequency ablation to burn the nerves.Plaintiff claimed that he had suffered a mild TBI, and was therefore susceptible to injury due to his past head injuries. Plaintiff claimed that his head injury caused his vertigo and made it more severe and lasting longer.
Defendant’s Contentions:The obligation to pay was stipulated.The plaintiff sustained a strain/sprain. The plaintiff didn’t sustain a concussion. The plaintiff’s treatment was unreasonable, unnecessary, and not reasonable. The plaintiff was not honest.
Personal Injuries and Damages
- Plaintiff claims physical injuriesRight wrist pain, low back pain, neck pain, concussion and left shoulder pain.
Special Damages
- Special Damages Claimed – Past Medical: $96,000
- Special Damages Claimed – Future Medical: $640,000
Additional Notes
Allstate’s final offer was $7700
Plaintiff hired counsel three weeks before the trial date, after his two previous attorneys had dropped their case.
Update: Allstate has agreed to pay $2558.82 for costs.
