$300,000: Erratic Driver Rams Rear of Plaintiff’s Vehicle

June 8, 2010

CASE DESCRIPTION: On April 24, 2006, at approximately 8:50 p.m., Brandon M was riding in the passenger-side back seat of a Honda CRV being driven by Brian E, age 21.  Jeffrey U, 21, was the front-seat passenger in the vehicle.  The three young men were traveling southbound on Rosecrans Street, heading toward Point Loma in San Diego, California.  The Defendant, age 21, was also traveling southbound on Rosecrans in a BMW convertible sports car.  Several eyewitnesses told investigating police officers that they saw the BMW driving erratically and at speeds upwards of 100 miles per hour as it approached the Honda CRV rear.

Without warning, the young men felt a violent impact at the rear of their vehicle that sent it spinning forward in a clockwise direction.  The CRV then flipped into the air and rolled two to three times before crashing against a traffic signal pole and finally coming to rest.  All of the occupants of the CRV were wearing their seatbelts.

Following the accident sequence, Brandon M was trapped inside the CRV; emergency personnel arrived and used the “jaws of life” to spring Brandon from the wreckage.

After colliding with the CRV, the Defendant attempted to flee the scene, driving her BMW over the sidewalk and hitting at least two street signs before swerving back onto the roadway.  San Diego Police Officers determined Defendant drove approximately 1,023 feet (over 300 yards) after the initial impact, and finally came to a stop only because her vehicle stopped working.  Shortly thereafter, the BMW’s engine caught fire as a result of the significant damage sustained in the collision.  Officers suspected Defendant was under the influence of drugs or alcohol.

RESULT:  $300,000 (policy limits)

PLAINTIFF’S CONTENTIONS AS TO LIABILITY: Plaintiff contended that Defendant caused the subject collision while driving under the influence of drugs and/or alcohol.

DEFENDANT’S CONTENTIONS AS TO LIABILITY: Defendant admitted liability.

TYPE OF CASE: Automobile-Personal Injury

INJURIES:  Displaced fractures to right tibia and fibula.

MEDICAL SPECIALS: Past: $78,000
Future: $4,500

DATE & LOCATION OF INCIDENT: April 24, 2006, San Diego, California

PLAINTIFF’S AGE: 20

OCCUPATION: Student

PLAINTIFF’S ATTORNEYS:
Casey R. Johnson, Esq.
AITKEN * AITKEN * COHN

DEFENDANT’S ATTORNEYS:
Kimberly Oberrecht
HORTON, OBERRECHT & KIRKPATRICK
Attorney for Defendant Driver

Bryce O. Willett
LAW OFFICES OF BRYCE O. WILLETT
Attorney for USAA