This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Truck v. Trailer
Sideswipe Collision

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

Mark J. Litwak

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 He claimed he suffers flashbacks and become depressed and emotionally withdrawn.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


#81213

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390