Arsen Rubyan v. Keith Ford
Published: Jul. 13, 2004 | Result Date: May 21, 2004 | Filing Date: Jan. 1, 1900 |Case number: CIV211449 Verdict – $0
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Leslie S. McAfee
(Law Offices of Leslie S. McAfee)
Defendant
Eve H. Korff
(Shaver, Korff & Castronovo LLP)
Experts
Plaintiff
Brock Borah
(medical)
Franklin C. Milgrim
(medical)
Defendant
James E. Rosenberg
(medical)
Charles Hinkin M.D.
(medical)
Facts
The plaintiff, a 34-year-old truck driver, was driving north on Ventura Boulevard in Camarillo in a 1991 Freightliner pulling two trailers. The defendant was driving a Ford pick up and crossed the center lane causing a sideswipe accident. The parties contested whether the defendant crossed before or at the time of the contact. The defendant admitted liability. The plaintiff claimed soft tissue injuries and perceived the accident as life threatening. He claimed he suffers flashbacks and become depressed and emotionally withdrawn. He claimed he has been unable to work full time as a self-employed trucker to the present. The defendant argued the plaintiff's truck and trailers weighed 40 tons and it was unlikely for this minor accident to cause a psychiatric disorder. Defense experts testified that the plaintiff is malingering.
Specials in Evidence
$1,815 (chiropractic); $3,200 (psychiatric) $63,000 $20,000 to $30,000 (therapy and medications)
Damages
The plaintiff was seeking recovery of non-economic wrongful death damages only.
Injuries
The plaintiff claimed soft tissue neck and back injuries, post-traumatic stress disorder and depressive disorder.
Deliberation
four hours
Poll
9-3 (no causation)
Length
eight days
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