Active-duty marine suffers pelvic injuries, including his testicles.
- Case Name: Doe v. Iyengar
- Court and Case Number: Orange County Superior Court / 30-2019-01046042
- Date of Verdict or Judgment: Thursday, March 24, 2022
- Date Action was Filed: Wednesday, January 23, 2019
- Type of Action: Highlighted Verdicts, Negligence, Vehicles – Left Turn, Vehicles – Motorcycle
- Judge or Arbitrator(s): Hon. Michael Strickroth
- Plaintiffs:John Doe, 36
- Defendants:Muralidharan Doreswamy Iyengar
- Type of Result: Jury Verdict
- Gross Verdict or Award: $4,000,000
- Net Verdict or Award: $4,000,000
- Contributory/Comparative Negligence: None.
- Non-Economic Damages:Past: $2,000,000Future: $2,000,000
- Trial or Arbitration Time: 5 days
- Jury Deliberation Time: 4 hours
- Jury Polls: 6 out of 8. 1 juror wished to award $7M total, 1 juror wished to award $2M total.
- Attorney for the Plaintiff:Marcereau & Nazif by Robert Marcereau, Foothill Ranch.
- Attorney for the Defendant:Hartsyker, Stratman & Williams-Abrego by J. Dean Rice.
- Plaintiff’s Medical Expert(s):Ken Wagner, M.D., orthopedic surgery, Fullerton.Saroush Ramin, M.D., urology, Los Angeles.
- Defendant’s Medical Expert(s):Neeraj Gupta, M.D., orthopedic surgery.Edward Yun, M.D., urology.
Facts and Background
- Facts and Background:On August 12, 2018, defendant driver turned left in front of plaintiff’s motorcycle at an intersection. Plaintiff was ejected from his motorcycle at about 40 mph and suffered an “open book” pelvic fracture and a ruptured testicle.
- Plaintiff’s Contentions:Plaintiff contended that defendant was negligent and that such negligence caused his injuries. About four months after the collision, plaintiff returned to restricted work as a Marine. Within eight months, he was able to pass the physical fitness test for active duty, which included things like running three miles, doing pull-ups, crunches, etc. By this time, he no longer walked with a limp and was back to working out at the gym six days a week. However, he still had pain and residual problems.Even though he was very active and has no mobility issues, plaintiff still had pelvic pain with extended exercise and had reached maximum improvement. Plaintiff also experienced urinary issues since the collision. He never received treatment for the condition, but stated that it’s ongoing.
- Defendant’s Contentions:Defendant stipulated to liability just before jury selection. Defendant contended that plaintiff made a great recovery and was very active, including going to the gym six days a week. Defendant argued that plaintiff’s symptoms were subjective and there was no objective proof of his claimed problems. According to defendant’s orthopedic and urology experts, plaintiff’s symptoms didn’t match up with his injuries.
Injuries and Other Damages
- Physical Injuries claimed by Plaintiff:Pelvic fracture with internal fixation. Testicular injury with loss of one testicle. Residual pain and urinary issues.
- Emotional distress, anxiety, humiliation.
- Special Damages Claimed – Past Medical: None.
- Special Damages Claimed – Future Medical: None.
- Special Damages Claimed – Past Lost Earnings: None.
- Special Damages Claimed – Future Lost Earnings: None.
Plaintiff waived approximately $90,000 in past medical bills, and waived all claims for future medical bills. Plaintiff only claimed general damages.
Insurer: Farmers Insurance