Case details

Minor impact could not have caused injuries alleged: defense

SUMMARY

$0

Amount

Decision-Defendant

Result type

Not present

Ruling
KEYWORDS
back, herniated disc, neurological, radiculopathy
FACTS
On Oct. 4, 2010, plaintiff Tony Rouhana, 40, an architect, was driving his 1993 BMW 325i on southbound Interstate 710 in Los Angeles when a tractor-trailer being driven by Vincent Ramirez struck the rear driver’s side of Rouhana’s vehicle. Rouhana claimed he injured his lower back in the accident. Rouhana sued Ramirez and the owner of Ramirez’s vehicle, The American Bottling Co. Inc. Rouhana alleged that Ramirez was negligent in the operation of the tractor-trailer and that The American Bottling Co. was vicariously liable for the driver’s actions because Ramirez was in the course and scope of his employment. The matter proceeded to a bench trial. Rouhana claimed he was driving in the number five lane ahead of Ramirez, who was in the number four lane, when Ramirez began to switch into the number five lane. He claimed that as a result of the unsafe lane change, the front passenger side of Ramirez’s tractor struck the rear driver’s side of his BMW twice. Rouhana also claimed that during the impact, the two vehicles became connected to one another and he was dragged down the freeway for 15 to 20 seconds. The defendants conceded liability., Three days after the accident, Rouhana presented to a doctor with complaints of lower back pain. He subsequently underwent an MRI and was diagnosed with herniated discs at L3-4 and L4-5. Rouhana also claimed he had radicular pain down the left leg and pelvic region, and suffered pelvic floor dysfunction, erectile dysfunction, and urinary frequency and urgency. Rouhana received several epidural injections in his lumbar region. He also had several trigger point injections in his pelvic floor. The plaintiff’s expert neurologist testified that all of Rouhana’s were the result of the accident. He also testified that Rouhana may need lumbar surgery. Rouhana claimed he was permanently and totally disabled. He alleged that his continued lower back pain prevented him from sitting for long periods of time. He also alleged that he could not sit up straight in a chair and had to lean to one side to take pressure off the hip. Rouhana claimed that as a result, he was prevented from physically posturing himself to do architectural drafting using a computer and mouse. He further claimed he could no longer lift his young children, have normal sexual relations with his wife, or play ping pong. The defense’s accident reconstruction expert opined that Rouhana’s were not caused by the accident. He testified that other than the fishtail following the initial impact, there was no other significant movement involved with either vehicle. Defense counsel argued that the impact to Rouhana’s vehicle was minor, only causing minor scratches, and that the impact could not have resulted in the Rouhana claimed. The defense’s expert orthopedist testified that Rouhana’s herniated discs were pre-existing. He testified that, at best, Rouhana may have suffered a minimal strain to his neck. In addition, the defense’s expert urologist testified that Rouhana’s erectile dysfunction and urinary claims were not caused by the accident.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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