CASE DESCRIPTION: During the early morning hours of January 13, 2006, Plaintiff 1, was called to Newport Coast Road to assist his son, Plaintiff 3, whose BMW vehicle had suffered a mechanical breakdown. Plaintiff 1 parked his vehicle on the shoulder, completely outside the lanes of traffic, and approximately two car lengths behind his son’s disabled vehicle. After determining that the car was inoperable, Plaintiff 1 called the Auto Club to arrange to have the vehicle towed. While on hold waiting for the Auto Club, Plaintiff 1’s Mercedes SUV was violently rear-ended by a Hummer driven by Defendant Doe. The Hummer was traveling between 60 – 70 mph, and had drifted off the roadway to the right hand shoulder. Plaintiff 1’s vehicle was driven forward into Plaintiff 1. Plaintiff 1 flew onto the hood and windshield and was propelled several feet into the air, over a chain link fence running alongside the road and down an embankment. Plaintiff 1 was flung such a great distance that his position was not discovered until the Newport Beach police helicopter located him. After striking Plaintiff 1, the Hummer driven by Defendant Doe and the Plaintiff Mercedes SUV continued forward and violently rear-ended Plaintiff 3’s disabled BMW. As a result of that second collision, the BMW, in which Plaintiff 3 was a passenger, was spun completely around. All three vehicles in this collision were massively damaged and declared a complete loss.
FINAL RESULT: $6,200,000.00 Total/Settlement
TYPE OF CASE: Personal Injury-Auto
INJURIES: Plaintiff 1 sustained a closed head injury, a pelvic fracture including a sacral fracture, a right tibia fracture, right rib fracture, a right humerus fracture and shoulder dislocation with a brachial plexus injury, and a right knee derangement. He also suffered nerve damage on his right side generally, and in his right arm. Plaintiff 3, the son of Plaintiff 1, was present at the scene and sustained substantial emotional injuries from observing his father being injured. Plaintiff 2 is the longtime spouse of Plaintiff 1, and had a substantial claim for the loss of her husband’s consortium.
DATE & LOCATION OF INCIDENT: January 13, 2006 at approximately 2:21 a.m., Newport Coast Drive, Newport Beach, California.
Plaintiff 1 – 54
Plaintiff 2 – 54
Plaintiff 3 – 23
Plaintiff 1 – Attorney
Plaintiff 2 – Real Estate Agent
Plaintiff 3 – College Student
Darren O. Aitken
AITKEN * AITKEN * COHN
Cleidin Z. Atanous
For Defendant – Roe Owner of Vehicle
Christopher Paul Wesierski
WESIERSKI & ZUREK
For Defendant – Doe Driver
Keith D. Taylor
LEWIS BRISBOIS BISGAARD & SMITH
For Defendant – Employer of Doe