$1M: Auto / Truck Accident Resulting in Serious Injuries, Including Children

SETTLEMENT REPORT

COUNTY:  San Luis Obispo

TITLE OF PLAINTIFFS:   KELLI GROVES; JASON GROVES; SAGE GROVES, a minor, by and through her Guardian ad Litem, KELLI GROVES; and MYLO GROVES, a minor, by and through her Guardian ad Litem, KELLI GROVES

COMPLETE TITLE OF DEFENDANTS:  R AND R AUTO WRECKING, INC.; ESTATE OF CHARLES A. ALLISON, JR.

CASE NUMBER:  CV130013

Complaint Filed:  January 10, 2013

COURT:  San Luis Obispo Superior Court

JUDGE:  Honorable Martin J. Tangeman, Department 1

DATE OF SETTLEMENT:  January 8, 2015 (date Court Approved )

AMOUNT OF SETTLEMENT:   $1,000,000

TYPE OF CASE:  Auto v. Auto

PLAINTIFFS’ ATTORNEYS:

Michael A. Penn, Esq.
AITKEN✦AITKEN✦COHN
3 MacArthur Place, Suite 800
Santa Ana, CA 92707
(714) 434-1424
Joanna@aitkenlaw.com

DEFENDANTS’ ATTORNEYS:

Daniel R. Sullivan, Esq.
Brian L. Williams, Esq.
SULLIVAN, BALLOG & WILLIAMS, LLP
400 North Tustin Avenue, Suite 120
Santa Ana, CA 92705
(714) 541-2121 Telephone
(714) 541-2120 Facsimile

INSURANCE ADJUSTER:

Star Insurance Co.
Kathy Waggoner
Waggoner and Associates
P.O. Box 803219
Santa Clarita, CA 91380-3219
(661) 724-0395

Policy #: CA 0703522

Policy Limits $1,000,000
File #: 2012-09-04
Co#: CA 0703522

DATE/TIME OF INCIDENT:

January 12, 2012, at or about 2:30 p.m.

LOCATION OF INCIDENT:

Northbound on US 101,  Unincorporated Santa Barbara, County of Santa Barbara

PLAINTIFFS’ AGES:

Kelli Groves 36 at the time of Incident (DOB 7/22/75)
Sage Groves 10 at the time of Incident (DOB 11/9/2001)
Mylo Groves 10 Weeks at the time of Incident (DOB 11/1/2011)
Jason Groves 40 at the time of Incident (DOB 11/18/71)

PLAINTIFF’S OCCUPATION:

Kelli Groves was a 1st Grade School Teacher at Del Obispo Elementary

CASE DESCRIPTION:

On or about January 12, 2012, at or about 2:30 p.m., Plaintiff KELLI GROVES was driving northbound on United States Highway 101 in the number one lane in a blue 2001 BMW 325I.  Plaintiffs SAGE GROVES and MYLO GROVES were passengers seated in the backseat of the vehicle.  Charles A. Allison, Jr., was driving a 2002 Freightliner tractor pulling a trailer northbound on United States Highway 101 in the number two lane.  The tractor and trailer were owned by Defendant, R AND R AUTO WRECKING, INC.  The tractor and trailer were being driven and operated by Charles A. Allison, Jr. with the full permission, knowledge, and consent of Defendant, R and R Auto Wrecking, Inc.   As the tractor and trailer approached the Nojoqui Creek Bridge, it drifted left into the number one lane and struck a blue 2001 BMW 325I driven by Plaintiff KELLI GROVES.  The tractor and trailer proceeded over the BMW, then struck and went through the concrete bridge railing, whereupon it crashed to the ground below the bridge and burst into flames.

After being struck and crushed by the tractor trailer, the vehicle driven by Plaintiff KELLI GROVES became wedged in the remnants of the bridge railing teetering on the verge of falling into the valley below.  The BMW dangled for hours as emergency personnel including, but not limited to, Santa Barbara County Fire Department, California Highway Patrol, and members of the United States Naval Construction Battalion (“Seabees”), conducted a dramatic rescue of Plaintiffs KELLI GROVES, SAGE GROVES, and MYLO GROVES.  Plaintiffs KELLI GROVES and SAGE GROVES were transported from the scene by separate helicopters.  Plaintiff MYLO GROVES was transported from the scene by ground ambulance.

Plaintiffs,  KELLI GROVES, SAGE GROVES, and MYLO GROVES, sustained severe and serious injuries.  Their medical bills incurred to date are as follows: KELLI GROVES $181,87603; SAGE GROVES $306,369.91 and MYLO GROVES $21,411.00.  In addition to their serious physical injuries, they also were subjected to the negligent infliction of emotional distress.   JASON GROVES sustained the loss of love, companionship, affection, society and solace of his wife, KELLI GROVES, and as such presents a Loss of Consortium Claim.

PLAINTIFF’S EXPERTS:

John Taylor and Associates
Private Investigations
Po Box 61253
Santa Barbara, CA 93160
(805) 964-2089

Doeen Casuto, R.N.
Rehabilitation Care Coordination
7851 Mission Center Court
Suite 103
San Diego, CA 92108
Office 619-299-9922

David Nissenberg
PO Box 2063
La Jolla, CA  92038
(800) 292-5855 Office

PLAINTIFF’S INJURIES:

Kelli Groves’ injuries included: Crushed pelvis front and back with multiple fractures  requiring surgery, concussion, facial abrasions, lacerations on eye; lacerations on keen and elbow, cuts, bruises, pressure ulcer, secondary bacterial infection, 6 weeks in wheelchair, infection, pain in pelvis and sacrum, neck pain, back pain,  scar on right knee and left elbow and severe emotional trauma.

Sage Groves’ injuries included: Fractured pelvis, fractured iliac crest, fractured femur (right), fractured tibia/fibula (right), lacerated tendons (left ankle), internal bleeding, blood transfusions, multiple surgeries,  lacerations to head, 100+ stiches, 6 weeks in wheelchair and severe emotional trauma.

Mylo Groves’ injuries include: Lacerations to the head and hand, multiple respiratory infections.

Jason Groves’ asserted a loss of consortium claim.

PLAINTIFF’S PAID MEDICAL SPECIALS:

Kelli Groves incurred $125,177.74 in paid medical specials
Sage Groves incurred $277,753.66 in paid medical specials
Mylo Groves incurred $17,819.17 in paid medical specials

PLAINTIFF’S CONTENTIONS AS TO LIABILITY:

Defendant, R and R Auto Wrecking, Inc.’s driver Charles Arthur Allison, Jr. caused the collision by driving his tractor trailer while under the influence of Methamphetamine and Amphetamines.  Charles Arthur Allison, Jr. was found to be in violation of  Section 23152 (a) VC-driving under the influence of intoxicants.

DEFENDANT’S CONTENTIONS AS TO LIABILITY:

The Defendant in this matter admitted liability and tendered their full single limit insurance policy to plaintiffs.

DEFENDANT’s EXPERT:

None.

FINAL RESULT:  $1,000,000

PLAINTIFFS’ LITIGATION SUPPORT:

L.A. Records Service
Janney and Janney
Juris Productions

SUBMITTED BY:

AITKEN✦AITKEN✦COHN
3 MACARTHUR PLACE, SUITE 800
P.O. BOX 2555
SANTA ANA, CA   92707-2555
(714) 434-1424
(714) 434-3600 FAX