Robert Boyajian and Mike Boyajian v. Herbert Moss
Published: May 22, 1999 | Result Date: Jan. 21, 1999 | Filing Date: Jan. 1, 1900 |Case number: 773047 Verdict – $194,545
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Michael J. Einbund M.D.
(medical)
Defendant
Kenneth A. Solomon
(technical)
Robert A. Baird
(medical)
Facts
On Dec. 18, 1995, the plaintiffs, Robert Boyajian, a 41-year-old attorney and Mike Boyajian, a 71-year-old chef, were involved in a rear-end collision in northbound I-5 in the City of Commerce. Defendant Herbert Moss admitted liability. The plaintiffs brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $99,999.99 for Robert Boyajian and $50,000 for Mike Boyajian (including a demand for a subsequent accident) The defendant made an offer of $7,000 for Robert Boyajian and $5,900 for Mike Boyajian (jointly with the subsequent accident defendant)
Specials in Evidence
$5,038.98 (Robert); $4,777.90 (Mike) $11,250 (Robert); $14,630 (Mike, for employment of substittute chef and assistant) $4,160 (Robert, if he has the surgery; $1,200 if he has the epidurals) $22,925 (Robert, if he has the surgery or $3,000 - $4,000 for epidurals if surgery is declined)
Injuries
Robert Boyajian sustained a cervical sprain/strain with aggravation of pre-existing severe cervical spondylosis (disputed), cervical radiculopathy and lumbosacral sprain/strain superimposed over pre-existing lumbar spondylosis. Mike Boyajian sustained an aggravation of pre-existing right thumb carpometacarpal joint degenerative disease. He had two subsequent accidents, one where he was at fault, and one where he was not. He sought medical treatment after the accident for which he was not at fault. He made and settled a bodily injury claim arising from that subsequent accident.
Other Information
An arbitration was held on Sept. 4, 1997, before Peter Tornay resulting in $21,000 for Robert and $17,000 for Mike. The defendant requested a trial de novo. EXPERT TESTIMONY: Plaintiff Robert Boyajian's expert, Dr. Michael Einbund, recommended anterior cervical discectomy for him, but admitted that he should consider epidural injections as an alternative to surgery. Robert Boyajian testified that he feared either procedure and that he would opt for surgery only when his symptoms became unbearable, as he has two young boys to raise, is the sole breadwinner in the family, and cannot get disability insurance to cover him should anything go wrong during surgery. Dr. Einbund admitted Robert's fears were groundless. Defendant Moss' medical expert, Dr. Robert Baird, testified that Robert Boyajian's complaints were not radicular (did not follow dermatomal patterns) and were due arthritis problems in the joints, that one epidural injection would put Robert Boyajian back to his pre-accident state. This disc bulge was not traumatically caused, nor the osteophyte formation. Defendant's technical expert, Dr. Kenneth Solomon, testified the impact were similar to those on a high speed roller coaster, that the plaintiff's seat tracks bending would have increased to time over which the impact forces would have distributed, lessening the forces by up to 10 percent.
Deliberation
3½ hours
Length
three days
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