Case details

Defendant’s negligent U-turn caused spinal sprains: plaintiff





Result type

Not present

back, cervical, lumbar, neck, sprain
On May 31, 2016, plaintiff Marie Kayayan, 56, a senior typist clerk for the Los Angeles County Department of Children and Family Services, was driving west on Foothill Boulevard, in Glendale, when she collided with the left, rear section of a vehicle operated by Varand Onany. Kayayan claimed to her neck and back. Kayayan sued Onany, alleging that Onany was negligent in the operation of his vehicle. Kayayan claimed that Onany was parked along the curb line of eastbound Foothill Boulevard when he attempted to make a U-turn onto westbound Foothill Boulevard, causing the collision. Onany accepted liability., Kayayan claimed she suffered sprains to her neck and back. She was taken by ambulance from the scene and brought to the emergency room at USC Verdugo Hills Hospital, in Glendale. She then underwent MRIs and treated with four months of pain management and physical therapy. Her last medical appointment was July 2019. Kayayan claimed that despite treatment, she continued to experience chronic neck and back pain following the collision through the time of the trial. She alleged that as result, she is limited in working and was recommended to eventually receive trigger point injections to her neck. Kayayan sought recovery of $15,634.28 in past medical costs. She also sought recovery of an unspecified amount of damages for her future medical costs, and past and future pain and suffering. Defense counsel, through his expert orthopedic surgeon, argued that Kayayan only sustained soft-tissue and should have recovered within 10 to 12 weeks. Defense counsel also denied that Kayayan’s medical bills were fully attributable to the subject collision, and disputed the causation of any symptom or necessity of medical care beyond 10 to 12 weeks post-collision. Counsel further contended that Kayayan’s pain was due to an underlying degenerative disc disease. In addition, defense counsel noted that there were significant gaps in the treatment obtained by Kayayan and that Kayayan opted to treat on a lien basis outside of her Kaiser medical plan. Defense counsel asked the jury to award only $4,234.28 for Kayayan’s past medical costs and $4,000 to $6,000 for Kayayan’s past pain and suffering.
Superior Court of Los Angeles County, Santa Monica, CA

Recommended Experts


Get a FREE consultation for your case