$100,000: Young Boy Struck by Vehicle and Suffers Head Injury

June 10, 2010

CASE DESCRIPTION: Plaintiff Gabriel S., a minor by and through his Guardian Ad Litem Sarah S. filed a personal injury suit against Defendant Renee W. as a result of Renee’s vehicle hitting Gabriel when he was crossing the street in a controlled intersection in the city of Aliso Viejo.

On November 8, 2007 at about 10:20 p.m., 16-year-old Gabriel S. was standing on the southeast corner of Wood Canyon and Pacific Park waiting for the pedestrian light to turn green signaling him to walk. At the same time, the defendant, Renee W. was waiting at the limit line to make a right hand turn.  The light turned green, and Gabriel stepped off the curb and began crossing the street, walking northbound on Wood Canyon at the intersection of Pacific Park.  Renee W. also started to turn right, did not see Gabriel step off the curb and struck him with her vehicle.  Gabriel slid up on the hood of her vehicle, and when she suddenly stopped, slid off her vehicle and struck the right side of his head on the pavement.  Gabriel was carried more than 30 feet at nearly 10mph before falling onto the asphalt.  Police and ambulance arrived at the scene of the accident.  Gabriel was rushed to Mission Hospital and admitted to the trauma unit. The police report indicates that Ms. W. is at fault.

Plaintiff contends that Ms. W. was found to be the cause of this collision for failure to yield to a pedestrian within a crosswalk at an intersection, by not giving a pedestrian the right of way during a green pedestrian signal to enter the crosswalk and inattention to the road.

RESULT:    $100,000 (Policy Limits)

TYPE OF CASE:  Personal Injury; Automobile v. Pedestrian

INJURIES:   Gabriel received right skull fracture to the temporal lobe area and bleeding to the brain.  It was necessary to remove a portion of the skull to allow for the swelling. After a considerable time in the hospital, he was released and has undergone rehabilitation at home.

DATE & LOCATION OF INCIDENT: County of Orange, Aliso Viejo on November 8, 2007 at approximately 8:30 p.m.

PLAINTIFF’S AGE: 16-years-old

OCCUPATION: Student

PLAINTIFF’S ATTORNEYS: Christopher R. Aitken
AITKEN*AITKEN*COHN
For Plaintiff Gabriel S., through his Guardian Ad Litem, Sarah S.

DEFENDANT INSURANCE CO.: Allstate Insurance