Felix v. Aronson 3/2/11 CA2/1

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B218160

Case Date: 05/12/2011

Preview:Filed 3/2/11 Felix v. Aronson CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

EDWARD FELIX, Plaintiff and Appellant, v. BRANDON W. ARONSON et al., Defendants and Respondents.

B218160 (Los Angeles County Super. Ct. No. LC071321)

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael B. Harwin, Judge. Affirmed. Biren/Katzman and Matthew B. F. Biren, for Plaintiff and Appellant. Hager & Dowling, Thomas J. Dowling and Alison M. Holman, for Defendants and Respondents. ______________________

Edward Felix appeals from the judgment and the trial courts denial of his motion for new trial after a jury awarded him general and special damages in his personal injury lawsuit. He also appeals from the trial courts reduction of the award and taxing of costs. We affirm. BACKGROUND On May 4, 2004, Brandon Aronson (Brandon) was driving a car owned by his father, Seth Aronson (Seth), when he rear-ended a vehicle with Edward Felix at the wheel. Brandons car hit Felixs car from behind while Felixs car was stopped at a red light. Felix, who worked for Warner Brothers Studios, was driving a company car in the course and scope of his employment. Brandon admitted liability for the accident. Felix filed a personal injury lawsuit against the Aronsons on April 29, 2005, alleging negligence and seeking general and special damages. Both sides made settlement offers. Jury trial began on January 21, 2009. At trial, Felix presented testimony by family and friends that before May 4, 2004, he was active physically, rode motorcycles and jet skis, and worked as a special effects foreman. His daughter testified that he had back problems in 1998 and a few years later, and had taken some time off, although his friends testified they were not aware of back problems in 1998. After the accident, Felix seemed to be in more pain, and he stopped working in July 2004. He had surgery in March 2005, had a very difficult and painful recovery, and his activities were restricted. Felix eventually returned to work but could not do everything he used to do. Felix had another surgery in 2007 to remove the screws from the first operation, and had a better recovery, although he did not return to his pre2004 activity level. A psychiatrist who saw Felix four times in 2007

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