Sokol v. Rosciszewski CA4/1, D067282

Plaintiff Kazimierz Sokol fell down outdoor apartment stairs in April 2011; landlord Anna Rosciszewski stipulated negligence but causation was submitted to the jury.
Sokol sought recovery for medical bills (U.S. and Poland), past and future lost earnings, and past and future noneconomic (pain, suffering, psychological) damages.
Medical evidence: orthopedic surgeon (Dr. Kelly) testified to a cartilage condyle defect attributable to the fall and recommended activity restrictions; defense expert (Dr. Vance) attributed most findings to preexisting degenerative change and disputed disabling impairment or need for ongoing treatment.
Psychological evidence: plaintiff’s psychologist (Dr. Schanowitz) diagnosed PTSD and billed for about two years of treatment; defense psychiatrist (Dr. Carroll) disputed PTSD and expected shorter treatment.
Economic evidence conflicted: plaintiff’s vocational expert said plaintiff could not return to mechanic work and calculated significant past and future wage losses; defense vocational expert and lack of job-seeking records supported no award for future earnings.
Jury awarded $36,474.89 for past medical expenses and $5,000 for past pain and suffering; awarded nothing for past lost earnings or any future damages. Trial court denied new-trial/additur; appeal challenges damages adequacy and alleged judicial misconduct.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Adequacy of past medical expense award	Award ($36,474.89) is less than billed $78,871 and thus legally inadequate	Defense billing expert showed large write-downs and lack of proof for Polish bills; some charges were med/legal	Affirmed — substantial evidence supported jury’s determination of reasonable medical expense amount
Future economic damages (lost earning capacity)	Experts agreed plaintiff cannot resume mechanic work; plaintiff argues future losses were proven	Defense showed preexisting gaps in employment, lack of documentation, transferrable skills, and plaintiff did not seek work/training; future losses speculative	Affirmed — substantial evidence supported denial of future economic damages
Noneconomic damages (past and future pain/suffering, psychological)	PTSD and permanent impairment warrant greater past award and some future noneconomic damages	Defense disputed PTSD diagnosis and severity; objective evidence limited and contradicted plaintiff’s symptoms	Affirmed — $5,000 past noneconomic award and no future noneconomic damages not legally inadequate given conflicting evidence and credibility determinations
Judicial misconduct / trial-court bias	Trial judge’s comments and demeanor cued jury and prejudiced plaintiff	Remarks were isolated, mostly outside jury presence or promptly corrected; record shows no prejudicial bias	Affirmed — no prejudicial judicial misconduct shown; court’s rulings stand

Seffert v. Los Angeles Transit Lines, 56 Cal.2d 498 (1961) (jury decides damages; trial court sits as 13th juror on new-trial motion)
Miller v. San Diego Gas & Electric Co., 212 Cal.App.2d 555 (1963) (appellate deference to jury and trial court on damages)
Gersick v. Shilling, 97 Cal.App.2d 641 (1950) (trier of fact may reject witness testimony and assess damages)
Howell v. Hamilton Meats & Provisions, Inc., 52 Cal.4th 541 (2011) (medical expenses recoverable only if incurred and reasonable)
Bermudez v. Ciolek, 237 Cal.App.4th 1311 (2015) (unpaid medical bills alone may be insufficient to prove reasonable value)
Dodson v. J. Pacific, Inc., 154 Cal.App.4th 931 (2007) (where serious surgery attributable to negligence is proved, awarding nothing for pain and suffering may be inadequate)
Rayii v. Gatica, 218 Cal.App.4th 1402 (2013) (appellant must cite record evidence supporting reversal; appellate deference to credibility findings)
Gallentine v. Richardson, 248 Cal.App.2d 152 (1967) (inconsistency between proven severe injury and zero pain-and-suffering award can require reversal)
Haskins v. Holmes, 252 Cal.App.2d 580 (1967) (nominal award inconsistent with proof of substantial injury and surgery)