Van Anz v. Ozawa, 011019 CAAPP2, B283545

Docket Nº:B283545
Opinion Judge:DHANIDINA, J.
Party Name:ADRIAN VAN ANZ, Plaintiff and Appellant, v. KIMI OZAWA, Defendant and Respondent.
Attorney:Khorshidi Law Firm, Omid Khorshidi and Robert L. Bastian, Jr., for Plaintiff and Appellant. Belofsky & Hanker and David A Belofsky for Defendant and Respondent.
Judge Panel:WE CONCUR: EDMON, P. J., EGERTON, J.
Case Date:January 10, 2019
Court:California Court of Appeals
 
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ADRIAN VAN ANZ, Plaintiff and Appellant,

v.

KIMI OZAWA, Defendant and Respondent.

B283545

California Court of Appeals, Second District, Third Division

January 10, 2019

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Los Angeles County, No. BC578952 Lia R. Martin, Judge. Affirmed.

Khorshidi Law Firm, Omid Khorshidi and Robert L. Bastian, Jr., for Plaintiff and Appellant.

Belofsky & Hanker and David A Belofsky for Defendant and Respondent.

DHANIDINA, J.

Adrian Van Anz (Van Anz) suffered injuries when a car being driven by Kimi Ozawa (Ozawa) rear-ended his motorcycle. Van Anz sued Ozawa and after a jury trial, the jury returned a verdict in favor of Van Anz. After the trial court entered judgment in his favor, Van Anz filed a motion to modify the verdict, or, in the alternative, an order for a new trial on the issue of damages only. The trial court denied the motion and Van Anz appealed. For the reasons set forth below, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On June 13, 2013, while Ozawa was driving her car, she rear-ended Van Anz on his motorcycle. The accident caused Van Anz to be thrown back and forward on his motorcycle, striking his tailbone on the seat and his arms and shoulders on the handlebars. The accident did not cause Van Anz to fall to the ground or knock over his motorcycle. The accident did, however, cause Van Anz's motorcycle to become embedded into the grill of Ozawa's car.

After the accident, Van Anz got off his motorcycle and began yelling at Ozawa. At some point shortly thereafter, Van Anz and Ozawa discovered that they had mutual friends. Ozawa called the police to report the accident and they asked Ozawa whether anyone had been injured and would require an ambulance. Van Anz told Ozawa that he was not injured. Van Anz attempted to pull his motorcycle free from the front of Ozawa's car before dragging it to the side of the road. Van Anz did not seek medical treatment immediately after the accident, but instead, had lunch with a friend with whom he had planned to meet that day.

Approximately two days later, Van Anz sought treatment at an urgent care facility. At urgent care, Van Anz complained that he was experiencing headaches and had some back pain, but he did not complain of ankle, foot or toe pain. Within one year after the accident, Van Anz received additional treatment and saw several medical practitioners, including a podiatrist, Payam B. Nikravesh, M.D., (Dr. Nikravesh). From approximately June 2014 to December 2016, Van Anz was not seen by any medical practitioner. Within this approximately two and a half year gap in treatment, Van Anz worked out at the gym approximately three times per week; continued to work as a photographer for real estate listings; rode his bicycle on average twice per week for 30 to 40 miles and took various trips.

At trial, in support of her contentions regarding Van Anz's past and future medical expenses, Ozawa submitted the expert testimony of Scott Forman, M.D., (Dr. Forman). After itemizing the value of each of Van Anz's past medical examinations and taking into consideration that a number of Van Anz's treatments were done on a lien basis...

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