CASE DESCRIPTION: Plaintiffs John L, his wife Lucy L and brother-in-law Doug D were in John L’s Mercedes Benz CLK 320 traveling westbound on the I-15 freeway around 12:30 p.m. when traffic suddenly started to slow in front of them. Mr. L was driving and he noticed a large pick up truck bearing down on him very fast. The pick up truck struck his car from behind causing it to overturn and slide a great distance. Severe injuries to the plaintiff’s resulted.
RESULT: $1,000,000.00 (John and Lucy L $965,000.00 and Doug D $35,000.00).
Mediated by Judge Thrasher with JAMS.
INJURIES: John L - Mr. L sustained the following physical injuries:
1. Wound to left forearm resulting in scars and discomfort
2. Deep wound to the left wrist resulting in surgeries for cleaning out wound, inserting wound vacuum, a temporary skin graft, and a permanent skin graft.
3. Scars and “tattooing” on the right side of head affecting physical appearance
4. Scars above right eyebrow affecting physical appearance
5. Severed nerve above the right eye resulting in loss of sensation on the right side of scalp
6. Bruising and damage to the left ankle resulting in ankle instability
7. Area of left thigh were skin was taken for the skin graft on the wrist
Lucy L - Mrs. L suffered bruising on her abdomen, back, sternum area. Mrs. L also had a claim for the negligent infliction of emotional distress (Dillon v . Legg) and loss of consortium due to her husband’s injuries.
Doug D - sustained a severely bruised rib cage from the seat belt and bruising due to seat belt straps; as well as cuts on hand and legs from broken glass. Mr. D also endured mental stress when driving as a result of accident.
TYPE OF CASE: Personal Injury-Auto Accident
DATE & LOCATION OF INCIDENT: August 6, 2006, I-15 northbound. Unincorporated area of Riverside, County of Riverside, California
PLAINTIFF’S AGE: John L age 68; Lucy L age 66; Doug D age 67
OCCUPATION: John L – Stock Broker; Lucy L – Homemaker; Doug D – Retired School Teacher
PLAINTIFF’S ATTORNEYS:
Darren O. Aitken, Esq.
AITKEN, AITKEN & COHN
For Plaintiffs – John and Lucy L and Doug D
DEFENDANT’S ATTORNEYS:
Stephen H. Smith, Esq.
Barbara S. Harper, Esq.
YOKA & SMITH, LLP
For Defendants – Doe Employee, Doe Employer
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