Aitken, Aitken, & Cohn - A Law Corporation

Verdicts Settlements

CASE DESCRIPTION: 72 year old man was fatally injured as a result of severe head injuries he sustained after being struck by a commercial vehicle. The Decedent was a pedestrian in a crosswalk area when he was struck by Defendant’s vehicle

RESULT: $3,100,000.00 total settlement

Husband and wife had left their home on the morning of the incident for their daily walk. As they crossed the street one block from their home, a commercial vehicle proceeded into the crosswalk while making a right turn and struck the Decedent. The Decedent fell backward, striking his head against the street. As a result, the Decedent sustained severe head injuries. The Decedent was transported to a local hospital where he died a week later.

The Plaintiffs in the action is the Decedent’s wife of 47 years, and his three adult children. Decedent’s wife had an independent claim for the negligent infliction of emotional distress as she witnessed the incident. The Plaintiffs contended that the Defendant is solely responsible for the death of the Decedent. Eyewitness accounts in addition to witness statements contained in the investigative police report confirmed that the Decedent was lawfully within the crosswalk when he was struck.

In regards to establishing damages, through expert medical analysis, Plaintiffs indicated that the Decedent was healthy, and had a long life expectancy despite his advanced years. Plaintiffs’ expert concluded the Decedent’s probable life span would have been equal to that of his parents – between 85 and 91 years of age – therefore, at the time of his demise, Plaintiffs argued that the Decedent would have lived another 13 to 19 years.

Also, through expert testimony, Plaintiffs argued that there was a substantial loss of income as a result of pension and other benefits that expired upon death. Plaintiffs’ economist estimated that these benefits, plus the lost value of household services, had a present cash value of approximately $407,154.50. Additionally, the surviving spouse suffered a devastating emotional loss as a result of witnessing her husband being fatally struck by the commercial vehicle and has experienced repeated flashbacks of the incident.

The Defendants admitted negligence and worked quickly to settle the case.

TYPE OF CASE: Pedestrian v. Commercial Vehicle Wrongful Death Negligent Infliction of Emotion Distress

INJURIES: The decedent sustained severe head injuries which culminated in his demise.

DATE & LOCATION OF INCIDENT: On 2/5/00

PLAINTIFF’S AGE: Decedent – 72 at time of incident
Wife – 47 at time of incident

OCCUPATION: Decedent - Retired

PLAINTIFFS’ ATTORNEYS:
Darren O. Aitken & Wylie A. Aitken
AITKEN * AITKEN * COHN
For Plaintiffs – M. Doe, G. Doe, K. Doe & S. Doe

DEFENDANT’S ATTORNEY:
Linda Bauermeister
LAW OFFICES OF BARBER & BAUERMEISTER
For Defendant – Commercial Vehicle

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Santa Ana, California, 92707
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