$6,868,000: Legal Whodunit Solved In Quadriplegic’s Favor In Santa Ana Eight Year Battle

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.

RESULT:  $6,868,894.00 total verdict.  Note: Since the plaintiff was found to be 50% comparatively negligent his award was reduced to $3,666,447.00.

A collision occurred when a vehicle ran a red light and struck another car broadside in an intersection. The crash caused catastrophic injuries, leaving one occupant quadriplegic after being partially ejected. For years, there was a dispute over who was driving at the time of the accident. The injured party had no memory of the crash due to traumatic amnesia and was initially accused of being the driver. Expert evidence later showed he was actually the passenger based on crash dynamics and physical evidence. A jury ultimately agreed and awarded damages, finding the other driver responsible for the collision.

TYPE OF CASE: Automobile collision; Insurance Bad Faith

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.