Case details

Defense: Injuries not possible from minor sideswipe crash

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, neck, pain, soft-tissue sprains
FACTS
On Aug. 11, 2011, plaintiff Alen Stepanian, 41, an auto mechanic, was driving on southbound Interstate 5, also known as the Santa Ana Freeway, in Los Angeles. He had his 8-year-old son in the front, passenger seat, and his wife, plaintiff Lida Stepanian, 37, a student, and her sister, plaintiff Anahita Stepanian, 31, a dental hygienist, in rear, passenger seats. When they were near East Olympic Boulevard, their vehicle was struck by a vehicle operated by Manuel Rodriguez. Alen Stepanian, Lida Stepanian, and Anahita Stepanian sued Rodriguez and Rodriguez’s employers, the owner of the vehicle, Duk Park and Rohoon Park. The Stepanians alleged that Rodriguez was negligent in the operation of the vehicle and that Rodriguez was in the course and scope of his employment at the time of the accident. They also alleged that the Parks were vicariously liable for Rodriguez’s actions as the owners of the vehicle and as Rodriguez’s employers. The Stepanians claimed that they were traveling in the number four or five lane when the accident occurred. They claimed that Rodriguez was inattentive and rear-ended their vehicle. Rodriguez alleged that when he checked in front of him, the Stepanian vehicle had merged unexpectedly in front of him. He claimed that as a result, he tried to avoid the collision, but was unable to do so. The defense’s retained accident reconstruction and biomechanical engineering expert opined that the subject accident was a sideswipe collision and not a rear-end accident, as the Stepanians claimed. Thus, defense counsel argued that Alen Stepanian negligently merged into Rodriguez’s lane and caused the sideswipe accident., The Stepanians were leaving for a cruise at the time of the accident. As a result, they continued on to their cruise, but when they returned, they presented to their treating chiropractor on Aug. 15, 2011 and Aug. 16, 2011, with complaints of back and neck pain. Alen Stepanian claimed he suffered soft-tissue sprains and strains to his neck, back and shoulder. He subsequently treated with a chiropractor for about three or four months. His ultimately resolved. Lida Stepanian claimed that she also suffered soft-tissue to her neck and back, and treated with a chiropractor for three or four months. However, she claimed her pain continued and was subsequently evaluated by an orthopedic surgeon on Oct. 20, 2011. The plaintiffs’ treating orthopedic surgeon opined that Lida Stepanian would require future epidural injections. The 8-year-old son of Alen and Lida Stepanian allegedly sustained soft-tissue to his neck and back, but his claim was settled prior to trial. Anahita Stepanian claimed that she also suffered soft-tissue to her neck and back, and she also treated with a chiropractor for about three or four months. However, she claimed that her pain also continued, causing her to see an orthopedic surgeon on Dec. 1, 2011. The plaintiffs’ orthopedic surgeon opined that Anahita Stepanian would eventually require a total arthroplasty of the L4-5 disc and that the procedure would cost $154,196. Alen and Anahita Stepanian each attempted to claim that the suffered a loss of earnings, but they both could not produce any documents to support their respective claims. As Lida Stepanian was a student at the time of the accident, she did not make a loss-of-earning claim. Defense counsel disputed the cause and extent of each plaintiff’s alleged and damages. The defense’s retained accident reconstruction and biomechanical engineering expert testified that the accident’s delta-v, or change in velocity, was so minor that it was insufficient to cause any injury.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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