Facts

On April 20, 2007, a car being driven by plaintiff Robert Dadian, 18, collided with a car being driven by defendant Alex Arzoomanian in Alexander Street in Glendale.

PLAINTIFF'S CONTENTIONS:
The plaintiffs contended that both Dadian and plaintiff Shoushik Mardirosian were in the vehicle when the defendant either pulled out of a residential driveway or away from the curb into the path of their oncoming vehicle. The impact caused the air bags to deploy. Both sustained soft tissue injuries, requiring medical treatment, from the accident. Dadian claimed that he had not had any prior accidents. Mardirosian claimed that she had two prior injury claims.

Plaintiffs also contended that after the accident, the defendant came out his vehicle wearing a surgical mask covering his mouth, talking on his cell phone, and was evading the plaintiffs. Plaintiff Mardirosian called 911, however the police did not come to the scene. The 911 tape recorded Mardirosian telling the police, among other things, that both she and her son were involved in an accident and that they were shaken up. There were witnesses who appeared immediately following the accident that would confirm that both plaintiffs were involved in the accident.

The defendant contended in court declarations that the plaintiff's vehicle was donated without defendant having an opportunity to inspect the vehicle, however it is plaintiff's contention based on documentary evidence, that defendant did have an opportunity to inspect the vehicle and that the vehicle was inspected on at least two occasions by representatives of defendant's insurance carrier, Liberty Mutual Fire Insurance Company.

DEFENDANT'S CONTENTIONS:
The defendant contended that Dadian sideswiped the defendant's car while trying to pass him on the left, on a narrow residential street. The defendant claimed that Mardirosian was not in Dadian's car at the time of the collision, but rather appeared, camera-in-hand, minutes later, from a nearby apartment building.

The defendant also contended that Dadian had, about eight months earlier, crashed the same car making an illegal left turn. The prior collision had caused the airbags to deploy in plaintiff's car and had caused right front car damage. The plaintiffs had not installed new air bags nor repaired their car's damage. An independent witness testified that Mardirosian said in her native language that she saw the accident from her balcony. The police 911 tapes recorded Mardirosian telling the police that no one was injured.

The defendant further contended that plaintiffs, knowing that liability was disputed, donated their car before the car could be subject to a forensic examination.

Settlement Discussions

The parties participated in a court ordered mediation with Leon Alexander, Esq. Defendants made no offers and the mediation ended in non-agreement. According to the plaintiff's counsel, the plaintiff's C.C.P. section 998 offers to compromise was $4,499 for Dadian and $7,499 for Mardirosian. According to defense counsel, the plaintiffs made a C.C.P. section 998 demand of $17,000. Defendant made a C.C.P. section 998 for waiver of costs.

Damages

The plaintiff claimed to have incurred $6,990 in medical expenses, $772 in car rental expenses, and unknown amount of property damage.

Result

The parties settled the matter at the second crash settlement conference for $1600.

Other Information

According to plaintiff's counsel: The settlement amount of $1,600 was jointly to both plaintiffs, Dadian and Mardirosian, in compensation for their damages and injuries without allocations or apportionments. The settlement was placed into the record as such with the consent of both parties. According to defense counsel: Of the settlement amount, $1,000 was paid to Dadian for the property claims and $600 for reimbursement of monetary sanctions assessed against plaintiffs and their attorneys on defendant's successful motion to quash a deposition subpoena. The case was assigned to the Special Investigation Unit of Liberty Mutual Fire Insurance Company. David Clegg was the assiged special investigator. Plaintiffs contended that although defendant's assigned the case to their own internal Special Investigation Unit at Liberty Mutual, however, no allegations of fraud or any other wrongdoing were plead in court, nor adjudicated. FILING DATE: July 27, 2007.