Case details

Plaintiff: Dangerous condition of unpaved lot resulted in accident

SUMMARY

$4250000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, bulging disc, damage, derangement, fracture, head, headaches, leg, lumbar, neurological, sensory, shoulder, speech, vocal cord
FACTS
On Aug. 1, 2017, plaintiff Henrik Amiriyan, 53, a commercial truck driver, was attempting to assist two tractor-trailer drivers, Oshin Boodaghian and Jose Oliva, in extricating their tractor-trailers, which had lost traction and were stuck in a lot at 11350 West Kittridge St., in Los Angeles. Boodaghian had asked Oliva for help pulling his tractor-trailer out of the dirt by attaching a chain to Oliva’s tractor-trailer. During the process, Oliva’s tractor-trailer also got stuck. Amiriyan and Boodaghian attempted to help Oliva get his truck out of the sand by using wood and rocks for traction. Boodaghian was allegedly acting as the lookout man as Amiriyan was placing the wood and rocks. Boodaghian told Oliva to floor it while Amiriyan was still putting a rock in the wheel well. As a result, Amiriyan’s right leg and pelvis were crushed by the tractor-trailer wheel. He also sustained to his back and left shoulder. Amiriyan sued Boodaghian; Boodaghian’s employer, OB Trucking; Oliva; Oliva’s employer, Jose Dimas Argueta; the believed owners of the lot, the Los Angeles Department of Water and Power, Los Angeles County, and the city of Los Angeles; and the tenants who leased the property, Arsunal Investment, Arman Narinyan and Paulart Inc. The lawsuit alleged that Boodaghian and Oliva were negligent for the dangerous and unsafe manner in which they attempted to extricate their tractor-trailers from the dirt lot and that Boodaghian’s and Oliva’s employers were vicariously liable for their respective employee’s actions. The lawsuit also alleged that the city, county, Department of Water and Power, and the lot’s tenants failed to properly repair and/or maintain the lot, creating a dangerous condition. The lot’s tenants — Arsunal Investment, Narinyan and Paulart Inc. — were ultimately dismissed from the case. Amiriyan’s counsel contended that the lot remained hazardous and unpaved, despite the city knowing that the lot required paving for use in commercial trucking operations, and that the Los Angeles Department of Water and Power failed to timely repair the lot’s dangerous condition. Counsel contended that the Department of Water and Power attempted to delegate its duties to maintain the property to its lessees, but that the tenants never paved it, and the Department of Water and Power knew it was never paved. Counsel maintained that the Department of Water and Power knew that the lot was unsafe for heavy vehicle traffic since at least Feb. 1, 2017, when another tractor-trailer become stuck in the lot, but that it continued to accept the tenants’ money without making sure the tenants repaired the dangerous condition or repairing the lot itself. Defense counsel denied that the city, county and/or Los Angeles Department of Water and Power were liable for maintaining the lot’s condition, and contended that it was the tenants’ duty to secure the lot., Amiriyan sustained crush to his pelvis and right leg, resulting in superior and inferior pubic rami fractures, sacroiliac diastasis (a separation of the sacroiliac joint), left ischial bursitis (a condition in which fluid filled sacs in the pelvis become swollen and painful), right genitofemoral neuralgia (a common cause of lower abdominal and pelvic pain), a retroperitoneal hematoma, a distal tibia-fibula fracture of the right leg and foot drop. He also sustained a disc bulge with annular fissure at the L3-4 level, a disc bulge with fissure at the L4-5 level, and retrolisthesis of the L3 disc on the L4 disc and of the L4 disc on the L5 disc. (Retrolisthesis is an uncommon joint dysfunction that occurs when a single vertebra in the back slips backward along or underneath a disc.) He also suffered myotome weakness at the L5-S1 level, and an internal derangement of the left shoulder with a strain and/or sprain. Amiriyan initially suffered hemorrhagic shock from blood loss at the scene, and he was taken to a hospital, where he underwent emergency surgery. His surgeries included open reduction and internal fixation surgeries on his right leg and pelvis. Amiriyan claimed that he suffered myotome weakness at the L5-S1 level and post-traumatic arthritis of the right hip as a result of his . He also claimed that he continues to suffer from respiratory failure and chronic dyspnea (shortness of breath that lasts more than one month), as well as right vocal cord paralysis with chronic dysphonia (a long-term voice disorder), glottic insufficiency (an incomplete closure of the vocal folds) and laryngeal muscle tension disorder (a general term given to describe a variety of conditions that can cause both voice and breathing problems). In addition, he claimed he continues to suffer from gait dysfunction, erectile dysfunction, a mood disorder and a tension headache disorder. Amiriyan claimed that he can no longer work. His medical experts opined that Amiriyan will need several future surgeries, including an ankle fusion, a three-level lumbar fusion and a tendon transfer surgery. Amiriyan sought recovery of more than $400,000 in past medical costs and an unspecified amount in future medical costs. He also sought recovery of damages for his past and future pain and suffering. His wife, Karine Grigoryan, presented a derivative claim seeking recovery for her loss of consortium.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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