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Personal Injury
Auto v. Pedestrian
Uninsured Motorist Claim

Frank McHugh v. Norik Sarkisyan

Published: Sep. 13, 2014 | Result Date: Apr. 1, 2014 | Filing Date: Jan. 1, 1900 |

Case number: SC117780 Arbitration –  $100,000

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Michael A. Byrne


Defendant

Alan A. Carrico
(Belgum, Fry & Van Allen LLP)

Kimberley L. Maxwell
(Richardson, Fair & Cohen)


Facts

Frank McHugh filed a lawsuit against Norik Sarkisyan in relation to a motor vehicle accident.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that on May 15, 2012, he was a pedestrian and tried to walk across a street in a crosswalk, with a green light, when defendant Sarkisyan's vehicle struck him, causing him to fall. Because defendant Sarkisyan denied striking plaintiff, plaintiff also filed an uninsured motorist claim against his own insurance carrier, Interinsurance Exchange, and the two cases were consolidated for trial.

DEFENDANT'S CONTENTIONS:
Sarkisyan argued that as he drove up to the intersection, plaintiff was already sitting on the ground, and that he did not hit plaintiff. Interinsurance Exchange argued that Sarkisyan did hit plaintiff, and a hit-and-run vehicle did not strike plaintiff.

Damages

Plaintiff asked for $17,200 in medical costs under a Medicare lien.

Injuries

McHugh claimed he suffered a fractured pelvis, fractured wrist, internal fixation, and open reduction, He received physical therapy.

Result

The parties stipulated that plaintiffs would be entitled to $100,000, and that the decision as to which defendant was liable to pay that amount would be determined by binding arbitration. Ultimately, the arbitrator determined Sarkisyan was liable and had to pay $100,000 as agreed.

Other Information

FILING DATE: July 17, 2012.


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