In their investigation, Las Vegas Metropolitan Police discovered that the registered owner of the SUV was PV Holding Corp in Los Angeles, California and was rented by Avis Rent A Car Systems, LLC (collectively, Avis) to Kalb. After this event she was issued five citations, including Driving with a Suspended License (NRS 483.560.2(A)), Failure to Give Information and Render Aid (NRS 484E.030) and three Illegal Parking citations (NRS 484B.450). Because Kalb originally misrepresented material facts to the police (NRS 484.236) about who was driving the SUV it was not clear who was driving at the time of the accident. In a sworn deposition given by Kalb on May 4, 2012 (page 93, #6), she stated that she was not driving the SUV and that Eugene Varni was driving. Nonetheless, Kalb also stated to detectives that an unknown black man was driving and fled on foot after the accident and the she drove the vehicle away from the scene.

The injuries sustained by Plaintiff include, but are not limited to, the neck, the left and right wrists, and left and right forearms. The recurring injuries include sharp pains from the left wrist, which is attributed to torn cartilage and numbness and tingling in the right arm and coldness in the right hand. Plaintiff has never complained, nor had medical treatment in any of these areas before the accident and has not suffered any other trauma to these areas since the accident. After several months of chiropractor visits heading into the summer of 2009, the Plaintiff’s pain seemed to be slowly diminishing. Once the temperatures started to decrease in the fall, Plaintiff noticed that the numbness and tingling in his right arm was becoming more prominent along with the coldness in his right hand. Plaintiff took it upon himself to find a specialist to search for a cause. The pain worsened to the point that Plaintiff had an epidural injection done in December 2009. Unfortunately, the injection did nothing.