$250,000: Negligent Driver Strikes Mother and Two Year Old Son Crossing Street

June 8, 2010

CASE DESCRIPTION: At the time of this incident, plaintiff Amy K was walking her two year old son Dane home after dropping off her older son at school.  As she was crossing the street at the intersection of Valeroso and Via Hacienda, defendant made a left hand turn and struck Amy K when she was a little more than 1/2 way across the street.

RESULT: $250,000 policy limits on behalf of Amy K; $8,750 on behalf of Dane K

Defendant stated that sunlight had blocked her vision, and that she did not realize she had struck someone until she heard Amy K’s scream and felt the collision.  The independent witnesses on the scene stated that Defendant was traveling “very fast,” and that the force of the collision threw plaintiff Amy K into the air before she landed heavily on her back in the street.

TYPE OF CASE: Automobile Accident, Personal Injury

INJURIES: Amy K was diagnosed w/ a mild brain bruise and a chip fx at C 6.  She also had an air pocket in the lung. Dane K suffered scrapes and bruises.

DATE & LOCATION OF INCIDENT: October 24, 2006 at approximately 8:00 a.m., Antonio Parkway and Valeroso, Rancho Santa Margarita, California

OCCUPATION: Housewife, a minor son

PLAINTIFFS ATTORNEYS:
Darren O. Aitken, Esq.
AITKEN, AITKEN & COHN
For Plaintiffs B  Amy and Dane K

DEFENDANTS ATTORNEYS:
Peter J. Gates, Esq.
GATES, ODORTY, GONTER & GUY LLP
For Defendant B Brian L