Tony Rouhana v. Vincent Roy Ramirez, The American Bottling Company Inc., and Does 1 to 100, inclusive
Published: Feb. 15, 2014 | Result Date: Nov. 12, 2013 | Filing Date: Jan. 1, 1900 |Case number: TCO26719 Bench Decision – Defense
Court
L.A. Superior Torrance
Attorneys
Plaintiff
Anthony T. Nehme
(Nehme Law Firm)
Defendant
Pamela S. Liosi
(Traut Firm)
Michael L. Bassett
(Bassett Discoe McMains & Kargozar)
Facts
On Oct. 4, 2010, Vincent Ramirez's tractor-trailer hit the side of a vehicle driven by Tony Rouhana on the 710 freeway in Los Angeles. Rouhana filed a lawsuit against Ramirez and The America Bottling Co. Inc., the owner of the tractor-trailer.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Ramirez's driving was careless and that The American Bottling Co. needed to be found responsible for his conduct because Ramirez was in the course and scope of his employment with the company. In particular, plaintiff argued that while driving in front of Ramirez on the freeway, Ramirez started to change lanes, but hit the side of plaintiff's car because his move was dangerous.
DEFENDANTS' CONTENTIONS:
Defendants argued that the injuries suffered by plaintiff did not come about due to the incident. They claimed that the force of the collision was slight and could not have caused the multiple injuries alleged by the plaintiff.
Settlement Discussions
Plaintiff demanded $950,000 and the defense offered $20,000.
Injuries
Plaintiff suffered herniated discs at L3-L4 and L4-5, and suffered pelvic injury and urinary dysfunction. He underwent radiculopathy and received epidural injections. Plaintiff also had diagnostic testing done.
Result
The court decided in favor of defendants because any negligence did not bring about the harms to plaintiff.
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