Juan C. Escamilla Toledano vs. Fariborz Haroonian, Et Al.

Case Background

On September 24, 2020, Juan C. Escamilla Toledano filed an auto negligence lawsuit seeking damages caused by a motor vehicle accident before the California Superior Court, Los Angeles County. Judges James E. Blancarte, Michelle C. Kim, and Audra Mori presided over this case. [Case number: 20STCV36565]

Cause

On August 14, 2018, Plaintiff Juan C. Escamilla Toledano, drove northbound on Hayvenhurst Avenue. This was near the entrance of the South 101 Freeway close to Burbank Boulevard in Encino. At the same time, Defendant Ronit Youshei Haroonian was traveling westbound on Hayvenhurst Avenue in a vehicle owned and entrusted by Defendant Fariborz Haroonian. Defendant Haroonian made an unsafe left turn directly in front of Plaintiff. This maneuver occurred at the entrance of the South 101 Los Angeles Freeway. The unsafe turn resulted in a collision that caused injuries to the Plaintiff.

Injury

Due to the Defendant’s negligence and the collision in question, the Plaintiff suffered significant harm. The injuries affected the Plaintiff’s health, strength, and daily activities. Additionally, the Plaintiff experienced shock and damage to the nervous system. These effects led to substantial mental and physical pain. As a result, the Plaintiff endured ongoing suffering, which contributed to general damages.

Damages

Due to the Defendant’s negligence and the injuries the Plaintiff sustained, the Plaintiff incurred various expenses. Consequently, the Plaintiff faced medical and related costs, property damage, and loss of earnings. Additional damages were also incurred.

Key Arguments and Proceedings

Legal Representation

Claims

The Defendant violated Vehicle Code 21802, which requires drivers to stop at intersections with stop signs and yield to other motorists. Additionally, the Defendant broke other statutes and ordinances that remain unknown to the Plaintiff. This negligence directly led to the collision in question.

At the time and place of the incident, the Defendant failed to uphold a duty of care. The Defendant negligently allowed their vehicle to be operated in a manner that caused the collision. As a result, the Plaintiff sustained injuries and damages.

Defense

Defendant Ronit Youshei Haroonian responded to the complaint by denying all allegations and asserting that Plaintiff, Juan C. Escamilla Toledano, was solely or partly responsible for the accident due to reckless driving. Haroonian argued that the complaint failed to state valid causes of action and that the claims were barred by statute limitations and contributory negligence.

The Defendant also contended that any damages should be divided among co-defendants based on comparative fault and that the Plaintiff’s own negligence, including failing to wear a seatbelt, contributed to the injuries. Additionally, Haroonian claimed that the Plaintiff had not mitigated damages and was barred from recovering non-economic damages under Proposition 213.

Expert Testimony

The expert testimony included several specialists for both parties. For the Plaintiff, Arthur Croft, Ph.D., served as the biomechanics and accident reconstruction expert, while Todd Gravori, M.D., provided expertise as the neurosurgeon. On the Defendant’s side, Nitin Bhatia, M.D., was the orthopedic expert, and Lawrence Harter, M.D., acted as the radiologist expert. Additionally, Donald C. Miller, P.E., offered insights as the biomechanics and accident reconstruction expert, and Marilyn Pacheco, C.P.C., served as the billing expert.

Jury Verdict

On April 16, 2024, the California jury in a joint special verdict form awarded the Plaintiff the following damages:

  • Past medical expenses: $ 342,492.35
  • Future Medical Expenses: $460,000.00
  • Past noneconomic loss : $ 350,000.00
  • Future noneconomic loss: $ 610,000.00

The jury found no comparative negligence on the Plaintiff’s part.

On May 8, 2024, a judgment consistent with the verdict was entered and Plaintiff was entitled to recover $1,762,492.35 against Defendant. However, on June 28, 2024, the Court considered Defendant Ronit Youshei Haroonian’s motion for a new trial or, alternatively, for remittitur. On July 8, 2024, the Court issued a conditional remittitur of future medical costs to Plaintiff Juan C. Escamilla Toledano, totaling $460,000. Plaintiff Juan C. Escamilla Toledano promptly filed a Notice of Acceptance of Conditional Remittitur. Consequently, the Judgment was amended to include this remittitur.

On August 8, 2024, an amended judgment on the verdict was entered. The Court ordered that Plaintiff Juan C. Escamilla Toledano recover $1,302,492.35 from Defendant Ronit Youshei Haroonian. Additionally, the Court awarded costs amounting to $62,845.30 on July 17, 2024. Therefore, the total judgment amounted to $1,365,337.65.

Court Documents:

Available upon request