Aitken Redesign

CASE DESCRIPTION:  Driver was making a left hand turn into a mobile home park when he was rear ended by a speeding car.  Plaintiff brought suit for a back injury he sustained during the accident.  Defendant admitted liability since he rear-ended the driver.  However, he did dispute Plaintiff’s estimation of damages.

RESULT:  $70,000.00 total settlement

This is a personal injury case that arose out of an auto accident that occurred on May 30, 1987 at approximately 4:35 p.m.  The Defendant, Robert E., rear-ended the Plaintiff’s vehicle while it was trying to make a left hand turn into a mobile home park.  Plaintiff’s vehicle was struck from the rear at a high rate of speed.

Plaintiff contends Defendant is clearly liability.  Plaintiff sustained a significant disc herniation at the C5-6 level, resulting in chronic pain in his neck, shoulders, back and left arm, with numbness in fingers.  He suffered resulting atrophy and weakness of biceps.  He can no longer sit for long periods of time necessitating frequent breaks from work.  He is no longer able to perform heavy duty household work.  He will require a discectomy surgery within the next 3-5 years.

In response Defendant did not dispute liability, but contended that Plaintiff had a pre-existing condition for which Plaintiff was not entitled compensation.  It was not medically certain that Plaintiff would need to undergo the proposed discectomy surgery.

TYPE OF CASE:  Personal Injury; Auto v. Auto

INJURIES:  Plaintiff suffered C5-6 disc herniation and will require a discetomy surgery.  Effects of herniation are pain in neck, shoulders, back, atrophy and numbness down left arm.

DATE & LOCATION OF INCIDENT:  On 5/30/87 at 4:35 p.m. on County Line Road, San Bernardino, California.

PLAINTIFF’S AGE:  59 at time of incident.

OCCUPATION:  Manufacturing Engineer

PLAINTIFF’S ATTORNEY:
Richard A. Cohn
AITKEN * AITKEN * COHN
For Plaintiff – Arthur T.

DEFENDANTS’ ATTORNEY:
Kenneth R. Easey
LAW OFFICES OF PAUL R. STEINMAN
For Defendants – Robert E. & California Freight Service