Manuk Arakelian v. Aregnazan Tufenkchian, Jack Tufenkchian, Artem Arakelyan
Published: Nov. 24, 2012 | Result Date: Sep. 5, 2012 | Filing Date: Jan. 1, 1900 |Case number: EC053703 Verdict – Defense
Court
L.A. Superior Burbank
Attorneys
Plaintiff
Tigran Martinian
(Law Offices of Martinian & Associates Inc.)
Defendant
Experts
Plaintiff
Barry D. Pressman M.D.
(medical)
Carl Lauryssen
(medical)
Michael Schiffman M.D.
(medical)
Peter R. Francis Ph.D.
(technical)
Amy M. Sutton BSN, Ph.D.
(medical)
Peter Formuzis Ph.D.
(technical)
Defendant
Joanne Latham
(technical)
Jai Singh M.S., M.A.
(technical)
Philip J. Kanter
(medical)
A. Jubin Merati Ph.D.
(technical)
Facts
Manuk Arakelian was the passenger in a vehicle operated by Artem Arakelyan. While the two were on Brand Blvd. at the intersection with Orange in Glendale, the right-front end of their car struck the right-rear end of the car of Aragnazan Tufenkchian who was then attempting to make a left turn onto Orange. Arakelian allegedly suffered injuries as a result thereof and sued Arakelyan, Tufenkchian, and the owner of Tufenkchian's vehicle, Jack Tufenkchian for negligence and vicarious liability.
Settlement Discussions
The Tufenkchian defendants filed a CCP 998 offer to settle in the amount of $100,000. The offer was rejected by Plaintiff.
Damages
Arekalian sought roughly $2.2 million in total damages, including $200,000 for past medical costs, $400,000 for future lifetime medical costs, $600,000 for future loss of earning capacity, and an unspecified amount for his past and future pain and suffering.
Injuries
An MRI revealed a herniated lumbar disk, which Arakelian treated with a chiropractor and physical therapy, and underwent fusion surgery. He claimed residual back pain that restricted him in all physical activity. He also claimed his professional career was affected as a result of his injuries and that he would require two additional surgeries. Defendants disputed Arakelian's injuries.
Result
Although the jury found both drivers negligent, they determined that neither driver's negligence was a substantial factor in causing Arakelian's damages. Thus, no damages were awarded. The Tufenkchian defendants filed a motion for costs and fees pursuant to their rejected CCP 998 offer in the amount of $105,000, which went uncontested.
Other Information
Plaintiff filed a motion for a new trial, which was denied by the court on Nov. 2, 2012.
Deliberation
five days
Poll
10-2 (that Tufenkchian was at fault), 12-0 (that Arakelyan was at fault), 9-3 (no substantial factor as to Tufenkchian), 11-1 (no substantial factor as to Arakelyan)
Length
one month
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