Case details

Rear-end crash exacerbated spinal injuries, plaintiffs alleged

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, degenerative disc condition, exacerbation of, fracture, herniated disc, neck
FACTS
On Sept. 1, 2010, plaintiff Joseph Aouad, 59, an unemployed man on disability, was driving on South Brand Boulevard in Glendale, accompanied by his wife, plaintiff Alice Awad, 61, an unemployed woman on disability, in the front passenger seat. At approximately 9 a.m., while stopped for a red light at the intersection with Colorado Street, they were rear-ended by a vehicle operated by Mary Aladzhadhyan. Aouad and Awad both claimed to their neck and back. Aouad and Awad sued Aladzhadhyan and Arthur Yepremian Hagop, Aladzhadhyan’s now husband and owner of the vehicle. Aouad and Awad alleged that Aladzhadhyan was negligent in the operation of her vehicle, in that Aladzhadhyan failed to slow down and stop as she approached the intersection. They also alleged that Hagop was vicariously liable for Aladzhadhyan’s actions. The defendants admitted liability for the collision, and the matter proceeded to a trial on causation and damages., Two days after the accident, Aouad and Awad both presented to a chiropractor with complaints of neck and back pain. Aouad claimed he aggravated pre-existing lumbar disc herniations, while Awad claimed she aggravated an L1 fracture. They each treated with chiropractic care for roughly five months. Awad also treated with an orthopedic surgeon. Aouad and Awad, who were both on disability at the time of the accident, claimed ongoing residual neck and back pain stemming from the subject accident. Awad claimed she still requires conservative care to treat her lower back injury. Thus, Aouad sought recovery of $7,565 in past medical costs and unspecified damages for his pain and suffering. Awad sought recovery of $8,760 in past medical costs, and unspecified damages for her future medical costs and pain and suffering. Defense counsel disputed the plaintiffs’ alleged and damages. Counsel contended the collision was of minor impact that did not cause any exacerbation or new to the plaintiffs. The defense’s biomechanical expert opined that the forces in the collision were insufficient to cause any serious spinal .
COURT
Superior Court of Los Angeles County, Pasadena, CA

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