Case details

Claimant: Rear-ender caused knee tear and aggravated spine

SUMMARY

$250000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
knee, medial meniscus, tear
FACTS
On Jan. 23, 2012, at approximately 9 a.m., claimant Jerry Khachatourian, 52, a mechanic shop owner/businessman, was driving to work on Buena Vista Street in Burbank when he stopped for traffic ahead and was rear-ended by a vehicle operated by Mandy Bracklin. Khachatourian claimed to his neck, lower back and right knee. Khachatourian filed a claim against Mandy Bracklin and the owner of her vehicle, her husband, Stewart Bracklin. He alleged that Mrs. Bracklin was negligent in the operation of her vehicle and that Mr. Bracklin was vicariously liable for her actions. Khachatourian claimed that he was fully stopped at the time of impact and that Mrs. Bracklin failed to slow down in time to avoid the collision. The Bracklins conceded liability for the accident., Khachatourian went home after the accident, but he claimed he spent the whole day in bed due to severe neck, lower back and right knee pain. A few days later, he went to a chiropractor and began a course of physical therapy. He was then referred to an orthopedic surgeon for evaluation, and underwent MRIs that revealed moderate degenerative disc disease of his neck and lower back, as well as a torn medial meniscus in his right knee. On July 20, 2012, Khachatourian underwent a right knee video-arthroscopy. Khachatourian claimed he had a good recovery from his knee surgery, and is currently experiencing no residual problems and has no current need for future surgery. He claimed the accident caused $8,000 in property damage to his Mercedes and caused him to have $60,583 in past medical costs. He also sought further recovery of damages for his past pain and suffering. The Bracklins’ counsel disputed the nature and extent of Khachatourian’s . Counsel argued that the impact of the accident was minimal, with little visual damage, and that the only reason for the high repair cost was due to Khachatourian having an expensive Mercedes.
COURT
Matter not filed, CA

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