Case details

Plaintiff claimed intersection crash caused spinal injuries





Result type

Not present

back, cervical, lumbar, neck, niated disc
On Oct. 21, 2014, plaintiff Ellie Azimy, 46, an attorney, was driving in Irvine. As she entered the intersection of Von Karman Avenue and Martin, her vehicle was broadsided by a vehicle operated by Christopher Rhoden. Azimy claimed to her neck and back. Azimy sued Rhoden and Rhoden’s employer, Restaurant Tea Service Inc. Azimy alleged that Rhoden was negligent in the operation of his vehicle and that Restaurant Tea Service was vicariously liable for Rhoden’s actions while within the course and scope of his employment. Azimy claimed that Rhoden ran a red light, causing the collision. Shortly before trial, Rhoden and Restaurant Tea Service admitted that Rhoden was liable for the crash and that he was in course and scope of his employment at that time., Azimy claimed that she sustained herniated cervical and lumbar discs. She treated with chiropractic care, acupuncture, pain management and orthopedic care, which included nerve blocks and epidural injections. Azimy claimed that she continued to suffer spinal pain and that she has been recommended for cervical fusion and lumbar surgery. Azimy sought recovery of past and future medical expenses, damages for past and future lost earnings and earning capacity, and damages for her past and future pain and suffering. Defense counsel contested the nature and extent of Azimy’s . Counsel argued that as a result of the collision, Azimy only sustained soft tissue that should have resolved within four months. Counsel also argued that any ongoing injury to Azimy’s spine was degenerative in nature and pre-existing. In regard to the lost earnings claims, defense counsel argued that Azimy intended to close her business before the accident and that Azimy’s lost earnings claims were false. Defense counsel pointed to Azimy’s statements at the scene, in which she stated that she was OK and did not need an ambulance. Counsel stressed that all of Azimy’s treatments were on a lien and, therefore, attorney directed. In addition, counsel pointed to a 2003 collision, in which Azimy had treated with a chiropractor, filed a lawsuit and received a settlement. Defense counsel argued that Azimy was utilizing her knowledge of the personal injury system to try to get a payout from this case.
Superior Court of Orange County, Orange, CA

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