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Verdicts Settlements

CASE DESCRIPTION:  Plaintiff, while a passenger in his own car, was rendered a quadriplegic from a collision.  Plaintiff brought cause of action against the driver of his own car.  The jury ruled in favor for the Plaintiff, but also found him to be comparatively negligent.  The defense appealed the verdict. 

RESULT: The 4th Appellate District, Division Three upheld the trial verdict in all respects.
    
On December 19, 1997, a Santa Ana jury decided that Defendant Tawnya B. was the driver of Plaintiff David J’s 1984 Chevy Blazer when that vehicle ran a red light and caused a broadside collision in February 1990.  As a result of the injuries sustained in this collision, David J. was rendered a quadriplegic.  While denying specific memories of the collision itself, Defendant Tawnya B. had consistently claimed that Plaintiff was driving at the time of the accident.  The Plaintiff could not deny this claim due to post-traumatic amnesia.  Defendant Tawnya B. brought suit against Mr. David J. for her minor injuries, and it was not until the expert discovery phase that Mr. David J. became aware of evidence that he was a passenger in his own vehicle.  Mr. David J. filed a cross-complaint against Ms. Tawnya B. shortly before the trial of Ms. Tawny B’s action, which was rejected as tardy by the trial court.  The cross-complaint was reinstated upon appeal.  The jury rendered an award in Mr. David J’s favor nearly eight years after the collision in which he was injured. 

Following the entry of the judgment, the defendant moved for a new trial and a judgment notwithstanding the verdict.  These motions were denied.  Pursuant to a C.C.P. §998 offer, litigation costs and pre-judgment interest were awarded to Mr. David J.  Defendant then appealed the trial verdict, claiming: (1) the trial court did not have jurisdiction to hear the matter due to procedural irregularities; (2) the verdict was not supported by substantial evidence; and (3) the trial court committed reversible error by allowing David J’s counsel to question Defendant’s accident reconstructionist regarding his ties with the insurance company defending Tawnya B.  On April 26, 2000, the Fourth Appellate District, Division Three, released its decision upholding the trial verdict in all respects.

TYPE OF CASE:  Automobile collision; Insurance Bad Faith; Appeal

INJURIES:  Mr. David J. suffered a cervical fracture at the C4-C5 level, with resulting quadriplegia.  During his stay at Western Medical Center, he developed severe respiratory problems.  He also underwent skin grafts to repair his cheek and elbow.  He spent four months in Casa Colina Rehabilitation Hospital.  Mr. David J. will require home care and be permanently confined to a wheelchair.  Mr. David J. experiences daily severe pain from his right arm and has been plagued with a variety of bladder problems.

DATE & LOCATION OF INCIDENT:  February 6, 1990, at approximately 1:30 a.m., at the intersection of Grand and Edinger, in Santa Ana, California.

PLAINTIFF’S AGE:  20 at the time of incident.

OCCUPATION:  College student.

PLAINTIFF’S ATTORNEYS: 
Wylie A. Aitken & Darren O. Aitken
AITKEN * AITKEN * COHN
Plaintiff – David J.

DEFENDANT’S ATTORNEYS:
John P. Daniels & Scott Brooks
DANIELS, BARATTA & FINE
Defendant – Tawnya B.

DEFENDANT’S INSURANE CO.:  U.S.A.A

What to Do After a Car Accident:  Action Plan to Deal with Accidents.

Quadriplegic Injury:  What is a Spinal Cord Injury?

Cervical Spine Fracture:  Information about Cervical Spine Fractures.

Spinal Cord Injury:  Information about Spinal Cord Injuries.

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