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Horvitz & Levy is a solutions-based firm focused on appellate success. We are distinguished by our commitment to responsive service and on-going innovation in the areas of civil appellate litigation, amicus curiae support, and trial strategy consultation.

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June 13, 2022

Davis v. Harano (June 8, 2022, B306575)

Defendant rear-ended plaintiff’s car while he was stopped at a stoplight. Plaintiff sued defendant for negligence, claiming medical expenses for treatment of his neck and left shoulder by attorney-referred doctors who treated him on a lien basis. The jury found that the accident was not a substantial factor in causing plaintiff injury, and judgment was entered for the defense. Plaintiff appealed.

The Court of Appeal affirmed in a published opinion. The court rejected plaintiff’s argument that causation was undisputed and found that substantial evidence supported the jury’s finding that defendant did not cause plaintiff injury. The court noted that whether plaintiff suffered a neck injury hinged on his credibility in testifying about his pain and that the jury had many reasons to doubt plaintiff’s credibility, such as the fact that his attorney referred him to lien doctors to incur “attorney-driven medical bills.” The Court of Appeal also found that plaintiff invited any error in the instructions and verdict form by jointly proposing them and failing either to object to or seek any amendment to them in the trial court.

Horvitz & Levy is counsel for defendant-respondent Tyler Harano.