Plumber claims disabling injuries in rear-ender, loss of business. Jury disagrees. Defense. Orange County.

Facts and Background

• Facts and Background:

  On June 30, 2011 defendant Hartman rear-ended 37-year-old plaintiff Azizian's stopped vehicle on the 91 Freeway.  Hartman was in course and scope of employment with defendant Power Engineers.

  Lumbar fusion was performed on plaintiff on January, 2013 by Dr. Payman and a neck surgery has also been recommended.  

  Post-accident hospital records that failed to mention any disability or pain were explained by surgeon Payman as "bogus." Payman also testified that records from physicians' assistants (P.A.s) were universally and totally unreliable. Defendant's radiologist testified there were no traumatic abnormalities in the spine, only age-consistent degeneration. Defendant's neurologist documented inconsistent effort, amplification of symptoms and found no objective abnormalities. Testing by the defense psychiatrist produced highly elevated "validity" scales.  Plaintiff was also sub-rosa videotaped doing many activities he claimed he couldn't do, including walking without a walker, driving and working.

• Plaintiff's Contentions:

  That defendant was driving a vehicle in the course and scope of his employment when he rear-ended plaintiff.

  Plaintiff alleged a substantial impact and contended that two non-symptomatic spine conditions (spondylolisthesis and pars defects) became symptomatic after the accident (eggshell plaintiff).

  Plaintiff alleged the loss of his plumbing business due to total disability.

• Defendant's Contentions:

  That the impact was minimal and insignificant when compared to plaintiff's work as a plumber.

  Defense counsel notes that all of plaintiff's doctors were on liens, however the trial court did not allow defendants to argue failure to mitigate damages based on unused available medical insurance.