Merino v. Lee CA2/4

Filed 11/3/15 Merino v. Lee CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

B259620 MARGARET MERINO, (Los Angeles County Super. Ct. No. LC098923) Plaintiff and Appellant,

v.

HWA BOK LEE et al.,

Defendants and Respondents.

APPEAL from a judgment and order of the Superior Court of Los Angeles County, Michael B. Harwin, Judge. Affirmed in part, reversed in part and remanded with directions. Law Offices of Lee Arter, Lee Arter and Steven M. Karp for Plaintiff and Appellant. Mark R. Weiner & Associates and Kathryn Albarian for Defendants and Respondents.

Appellant Margaret Merino brought suit against respondents Hwa Bok Lee and Yu K. Kim, seeking compensation for injuries incurred in an automobile accident. The jury awarded $20,000 for noneconomic damages, but nothing for economic damages, although respondents did not dispute that certain medical treatment obtained by appellant was necessary and that the amount billed for this treatment was reasonable. Appellant moved for a new trial or an additur, contending damages were inadequate and the evidence did not justify the verdict within the meaning of Code of Civil Procedure section 657. The trial court denied the motion. Appellant contends the court erred. We conclude that on the record before it the trial court was obliged to conditionally grant a new trial unless respondents agreed to an additur. Accordingly, we affirm the judgment, reverse the order denying the motion for new trial and remand for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND On December 20, 2010, appellant’s car was struck from behind by a car driven by respondent Hwa Bok Lee. Appellant brought suit against Lee and respondent Yu K. Kim, seeking medical expenses and general damages. She claimed to have suffered injuries to her neck and back. Respondents accepted responsibility for the accident. The case was tried to a jury to determine damages. According to the testimony at trial, appellant began suffering significant neck and back pain the day after the accident. Approximately two weeks later, she was treated by a chiropractor, Dr. Ramin Lavi. In January 2011, she went to Phillip Lichtenfeld, M.D., for an orthopedic evaluation. At his recommendation, she participated in physical therapy three times a week through June 2011. In July and August 2011, appellant was seen by orthopedist Stepan Kasimian, M.D., pain management specialist Lawrence Miller, M.D., and an acupuncturist. Dr. Kasimian and Dr. Miller diagnosed lumbar disc facet syndrome 2