Irfan M. Kahn v. Richard G. Anderson (2012)

MEMORANDUM OF DECISION

FACTS

The Plaintiff, Irfan M. Kahn, brings this action to recover for injuries and damages which he claims to have sustained as a result of a January 7, 2010 automobile accident.

On that date, at approximately 7:30 p.m., the Plaintiff was operating a motor vehicle eastbound on Commerce Drive, near its intersection with Dewey Street, in the City of Bridgeport.   As the Plaintiff was in the process of making a left turn in response to a green arrow, he collided with a vehicle being operated by the Defendant, Richard G. Anderson.   The Anderson vehicle was traveling westbound on Commerce Drive (Ex. 1), when the collision occurred.

Both vehicles suffered heavy front end damage as a consequence of the impact (Ex. 2, 3, 4, 5, 6, 7, 8 & 9).

The Plaintiff refused medical attention at the scene (Ex. 1), but was treated later that evening at Norwalk Hospital.   At the hospital, he complained of neck and shoulder pain, and was diagnosed as having suffered a cervical (neck) strain following the automobile accident (Ex. 10).

Following his discharge from the emergency room, the Plaintiff was treated and examined by Dr. Eric Katz, an orthopaedic surgeon, on February 25, 2010.   He complained of neck pain radiating into the shoulder at that time, and back pain (Ex. 11).   The Plaintiff, a resident of Norwalk, was referred to Dr. Katz by his brother.

Dr. Katz, following the initial visit, prescribed physical therapy, to be administered by the Slovin Family Chiropractic Center, P.C., of Norwalk (Ex. 12).

When next seen by Dr. Katz on March 18, 2010, the Plaintiff continued to complain of neck and low back pain, along with pain in both shoulders.   An MRI examination conducted on April 29, 2010, revealed a labral tear in the right shoulder (Ex. 13).   In his July 1, 2010 examination, Dr. Katz noted tenderness of the right shoulder.   Arthroscopic surgery to repair the labral tear was discussed with the Plaintiff, by Dr. Katz (Ex. 11).

In his medical-legal report dated July 20, 2010, Dr. Katz opined that the Plaintiff suffered from a permanent partial impairment to three distinct parts of the body.   He stated that Irfan Kahn sustained a 5 percent impairment of the cervical spine, a 5 percent impairment of the lumbar spine, and a 10–15 percent impairment of the right shoulder.

At trial, the Defendant admitted that he operated his motor vehicle negligently, and that his negligence was the proximate cause of the January 7, 2010 accident.   After both parties waived their right to a trial by jury, this matter was tried to the court on February 15 and 16, 2012.

The court has been asked to determine whether the Plaintiff, Irfan M. Kahn, sustained injuries and damages as a result of the January 7, 2010 accident, and, if so, what sum of money would fairly, justly and reasonably compensate him for those injuries and damages.

The Plaintiff, who was 33 years of age at the time of the accident, testified that he had experienced no significant problems with his right shoulder, neck or back prior to the January 7, 2010 accident, and makes no claim for either lost wages, or loss of earning capacity in this case.

Following the accident, the Defendant, Richard G. Anderson, admitted that he was not paying attention prior to the collision.   Irfan M. Kahn testified that his car was pushed approximately 15 to 20 feet as a result of the impact.

The Plaintiff claims, by way of economic damages, that he incurred medical and related expenses prior to the trial, and that he will incur the cost of surgery in the future.

His principal complaint involves right shoulder pain, which he claims has affected his daily activities.   Irfan Kahn testified that he has difficulty playing with his children, and he no longer participates in a basketball league.   He also experiences difficulty driving, having worked as a driver for several years.

In addition to the Plaintiff, testimony was received from Dr. Katz, and the Plaintiff's brother, Amir Kahn.

The Defendant presented the testimony of Dr. Matthew Skolnick, a board certified orthopaedic surgeon, who reviewed the treatment records of the Plaintiff, Irfan Kahn. The review was conducted at the request of the Defendant.

Following his review of the medical records, Dr. Skolnick, who testified via a videotaped deposition, indicated that it was unclear whether the Plaintiff's shoulder injury was caused by the automobile accident, or was the result of other causes.

He also disagreed with Dr. Katz concerning the need for future surgery, believing that cortisone injections should be attempted prior to invasive surgery.   He believed that cortisone injections, a more conservative approach, should be attempted prior to any surgery.

Dr. Katz opined that the Plaintiff sustained a 5 percent permanent partial impairment of both the cervical and lumbar spine as a result of the January 7, 2010 accident.

While acknowledging that Irfan Kahn injured his neck and lower back in the accident, Dr. Skolnick disagreed with the extent of the impairment ascribed by Dr. Katz. Using the 6th Edition of the American Medical Association (AMA) Guides to Permanent Impairment, Dr. Skolnick stated that the Plaintiff suffered a 0 to 5 percent permanent impairment of the cervical spine, and a 1 percent impairment of the lumbar spine, consistent with his interpretation of the guidelines.

The Defendant's expert witness acknowledged the presence of Irfan Kahn's shoulder tear, but would not relate any of the resulting impairment to the January 7, 2010 accident.

Based upon the testimony at trial, and a review of the exhibits, the court makes the following findings.

It is found that the Plaintiff, Irfan Kahn, sustained injuries and damages as a consequence of the January 7, 2010 accident.   It is found that he sustained both economic and non economic damages, as a proximate consequence of the collision.

It is found that the Plaintiff, Irfan Kahn, suffered from no impairment or disability to his neck, back or right shoulder prior to the accident of January 7, 2010.

It is found, that the injury to the Plaintiff's right shoulder, which Dr. Katz stated resulted in a 10–15 percent permanent partial impairment of the shoulder, was proximately caused by the accident of January 7, 2010.   It is further found that the Plaintiff suffered injuries to his neck and back as a result of the accident.

Having considered all of the testimony, the court finds credible the testimony of the Plaintiff, that he plans to undergo shoulder surgery in the future.   It is therefore found that he will incur future medical expenses, representing the cost of the surgery.

It is found that the Plaintiff will be compelled to undergo a regimen of physical therapy following the surgery.   However, since there was no evidence presented concerning the cost of the physical therapy, the court is unable to award economic damages for the cost of the physical therapy.

It is found that the Plaintiff incurred the following reasonable and necessary expenses prior to trial, as a result of medical and related treatment following the January 7, 2010 accident (Ex. 15):

Norwalk Hospital $ 1,297.10

Dr. Eric Katz $ 1,000.00

Slovin Family Chiropractic $ 4,218.00

Norwalk Hospital (MRI) $ 6,684.00

Norwalk Radiology $ 865.00

Norwalk Radiology $ 74.00

TOTAL $14,238.10

It is found that the Plaintiff will incur expenses for shoulder surgery, as recommended by Dr. Katz. Based upon the estimate provided by Dr. Katz, the court awards $10,000.00 as the cost of the surgery.

It is found that the Plaintiff should recover the following by way of economic damages:

Medical Expenses Prior to Trial $14,238.10

Future Medical Expenses $10,000.00

TOTAL $24,238.10

The court finds credible the testimony of the Plaintiff concerning his difficulty in driving and performing certain duties incident to his employment.   However, no evidence was presented on which an award of economic damages for lost wages or loss of earning capacity can be entered.

The Plaintiff, Irfan Kahn, is 35 years old, and has a life expectancy of 41.9 years, pursuant to the life expectancy or mortality tables.

The court awards the following, as fair, just and reasonable non economic damages to the Plaintiff, Irfan Kahn:

Non Economic Damages Prior to Trial $ 6,000.00

Permanent Impairment of Neck and Back $ 6,270.00

Permanent Impairment, Right Shoulder $16,720.00

Pain and Suffering $ 5,000.00

Life's Activities $10,000.00

TOTAL $43,990.00

Concerning the permanent impairment to the neck and back, it is found that the Plaintiff shall recover the sum of $150.00 per year, for 41.8 years.

Concerning the permanent impairment of the right shoulder, it is found that the Plaintiff shall recover the sum of $400.00 per year for 41.8 years.

CONCLUSION

It is found that judgment may enter in favor of the Plaintiff, Irfan Kahn, as against the Defendant, Richard G. Anderson, as follows:

Economic Damages $24,23.810

Non Economic Damages $43,990.00

TOTAL $68,228.10

RADCLIFFE, J.

Radcliffe, Dale W., J.