Case details

Defense: Minimal impact couldn’t have caused any injury

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
bac kneck, back, carpal tunnel syndrome shoulder, herniated disc, knee, knee derangement neck, lower back, post-traumatic stress disorder, PTSD, shoulder, shoulder impingement, wrist
FACTS
On June 30, 2011, plaintiff Ara Azizian, 37, owner of a plumbing business, was stopped in his vehicle on the Artesia Freeway (also known as State Route 91), near the transition withthe San Gabriel River Freeway (also known as Interstate 605), in Cerritos, when his vehicle was rear-ended by a vehicle operated by David Hartman. Both parties were able to drive away from the scene, but Azizian ultimately claimed to his back, neck, a shoulder, and a knee. Azizian sued Hartman and Hartman’s employer, Power Engineers Inc. Azizian alleged that Hartman was negligent in the operation of his vehicle and that Power Engineers was vicariously liable for Hartman’s actions while in course and scope of his employment. The defendants conceded liability., Azizian claimed the impact caused herniated lumbar and cervical discs at L4-5 and C5-6 levels. He also claimed he suffered a knee derangement, a shoulder impingement, and bilateral carpal tunnel syndrome. Azizian further claimed that the substantial impact caused his non-symptomatic spondylolisthesis and pars defects to become symptomatic and that he was an eggshell plaintiff. He ultimately underwent a lumbar fusion in January 2013. Azizian claimed he suffers from post-traumatic stress disorder as a result of the accident. He alleged that he is totally disabled, causing him to lose his plumbing business. He also alleged that he will require a future neck surgery. Thus, Azizian sought recover of $317,000 in past medical costs, $325,000 in past lost earnings, $3,957,870 in future lost earnings, and an unspecified amount in future medical costs. He also sought recovery of damages for his past and future pain and suffering. Defense counsel contended that the collision’s impact was minimal and insignificant when compared to Azizian’s work as a plumber. Defense counsel noted that all of the plaintiff’s physicians were on liens, but that the trial court did not allow defense counsel to argue failure-to-mitigate damages based on unused available medical insurance. Defense counsel also noted that post-accident hospital records that failed to mention any disability or pain were explained by the plaintiff’s treating orthopedic surgeon as “bogus.” In addition, the plaintiff’s treating orthopedic surgeon testified that records from physicians’ assistants were universally and totally unreliable. The defense’s expert radiologist testified that there were no traumatic abnormalities in the spine, only age-consistent degeneration. The defense’s expert neurologist documented inconsistent effort, amplification of symptoms, and no objective abnormalities. The defense’s expert psychiatrist performed testing that produced highly elevated “validity” scales, which defense counsel argued indicated malingering. Defense counsel presented sub-rosa videotape that showed Azizian doing many activities that he claimed he couldn’t do, including walking without a walker, driving and working.
COURT
Superior Court of Orange County, Orange, CA

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