On Nov. 10, 2010, at approximately 12:15 p.m., plaintiff Anthony Simos, 47, a freelance design architect, was driving his car on southbound Highland Avenue in Los Angeles when he was allegedly cut off by a FedEx delivery truck operated by Seroj Sepanian. Simos’ vehicle then ran off the road and Simos claimed to his neck, lower back, and left hip. Simos sued Sepanian, FedEx Ground Package System Inc., and Almati Corp., an independent contractor. Simos alleged that Sepanian was negligent in the operation of his vehicle and that FedEx was vicariously liable for its employee’s actions. It was ultimately determined that Almati was indemnified by FedEx in the action. Simos claimed Sepanian swerved into his lane of traffic, causing a collision between the left, rear corner of the truck and the right, front corner of his vehicle. He alleged that as a result, he had to make a defensive maneuver and ran off the road onto a grass divider. Sepanian denied liability, claiming that Simos was completely at fault. He alleged that there was no contact between the vehicles and that Simos simply overreacted to his truck and swerved off the road., Three days after the accident, Simos followed up with a chiropractor with neck, back and left hip complaints. He was diagnosed with a lumbar disc herniation at the L4-5 level, bursitis of the left hip, and a soft-tissue strain of his neck. Simos subsequently treated with four months of chiropractic care and received epidural injections for his left hip and lower back. Simos claimed residual left hip and lower back pain and discomfort, as well as headaches. He also claimed that his current condition prohibits him from cycling. As a result, a debridement of his left hip was recommended. Thus, Simos claimed $59,000 in past medical costs and sought further recovery for his future medical costs and damages for his past and future pain and suffering. Defense counsel disputed Simos’ hip injury, asserting that Simos had a preexisting bone bruise, which was a congenital condition, unrelated to the subject accident.
