Facts

On Nov. 16, 2012, Keith Zirkle was driving his pickup truck on San Fernando Road, in Burbank. His son Ryan Zirkle, 34, was a passenger in the truck. The truck was rear-ended by a cargo van that had been rear-ended by a vehicle driven by David Hambardzumyan. The Zirkles sued David Hambardzumyan and Yuri Hambardzumyan, the owner of David's vehicle. Keith Zirkle settled prior to trial.

PLAINTIFF'S CONTENTIONS:
Ryan Zirkle contended that David Hambardzumyan was negligent because he rear-ended the cargo van while making a right turn out of a driveway, causing that vehicle to collide into his father's vehicle. He also contended that Yuri Hambardzumyan was vicariously liable.

DEFENDANTS' CONTENTIONS:
Defendants contended that Ryan Zirkle's claimed injury was an old injury and the collision was not large enough to have caused it.

Settlement Discussions

Ryan Zirkle made an offer to compromise for $99,999.99, but it was reduced to $34,999.99. Defense made a CCP Section 998 offer for $15,000.

Damages

Ryan Zirkle sought $213,000 in past and future medical expenses as well as damages for future pain and suffering.

Injuries

Ryan Zirkle claimed that he suffered an acute T12 compression fracture and a neck injury.

Result

The jury found David Hambardzumyan negligent, but that his negligence was not a substantial factor in causing harm to Ryan Zirkle, and returned a defense verdict.

Other Information

FILING DATE: Nov. 10, 2014.