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Personal Injury
Auto v. Motorcycle
Negligence

Iain Paruig Fancourt McDonald v. Areg Zargaryan, Araksya Zargaryan

Published: Jul. 7, 2023 | Result Date: Feb. 9, 2023 | Filing Date: Dec. 31, 2018 |

Case number: 18STCV10066 Verdict –  $13,973,330

Judge

Michael B. Harwin

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Sutton A. Shapiro
(Wilshire Law Firm PLC)

Jonathan C. Teller
(Wilshire Law Firm PLC)


Defendant

Stephen I. Hsu
(Mark R. Weiner & Associates)


Facts

This was an auto v. motorcycle collision that occurred on Feb. 11, 2017. Plaintiff was lane splitting. Defendant Areg Zargaryan was coming from an alleyway and attempted to cut through two lanes of traffic to try and make a left turn when he struck plaintiff.

Contentions

DEFENDANT'S CONTENTIONS: Defendant admitted liability. Defense argued that plaintiff's injuries were not from the collision.

Settlement Discussions

Plaintiff demanded $100,000 prior to trial. Defense served a CCP 998 for $75,000.

Damages

Defense asked jury to award only $25,000 .

Injuries

Plaintiff alleged injuries to his testicles and neck injury. Plaintiff and his wife testified plaintiff has been having pain during sex and ejaculation. It causes horrible pain and has affected their sex life and marriage. Expert, Dr. Ramin, testified he suffered from epididymitis, nerve pain, and varicoceles from the collision. He was recommended to undergo a surgery for his testicles and neck surgery but did not proceed with surgeries prior to trial as he is young and wants to hold off as much as he could. Defense argued plaintiff had testicle pain in medical records five months before the collision. Defense argued that plaintiff only suffered a sprain to his neck because collision occurred at 5 miles per hour. Defense also argued testicle pain is not from collision because it is only mentioned for first time six days after the collision and not mentioned at first visit to hospital on day after collision. Defense also alleged plaintiff injured his neck and testicles further in a subsequent snowboarding fall and subsequent vehicle collisions, so all futures were related to those other incidents.

Result

Verdict of $13,973,330 for plaintiff.


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