Aitken Redesign

CASE DESCRIPTION: A woman was struck by another driver who ran a red light while speeding and drunk. The guilty driver was driving a vehicle leased for his use by his employer. The Plaintiffs brought suit on the basis of wrongful death and loss of consortium against the guilty driver and his employer. The driver admitted liability, while the employer disputed liability.

RESULT: $2,700,000.00 total settlement

On December 20, 1995, Lori C., age 34, was returning home from a computer programming course when her vehicle was struck at high speed by a vehicle driven by Anthony B. Mr. B. was traveling south on State College Boulevard when he ran a red light at the intersection with Lincoln Avenue. Mrs. C’s vehicle, which was traveling east on Lincoln, was struck broadside on the driver”s side of the vehicle. Mr. B’s vehicle was leased for his use by his employer, Defendant Owen Roofing Co. Mrs. C. died of her injuries at the scene.

Following this incident, it was determined that Mr. B. had a blood alcohol content of .25, over three times the legal limit. Mr. B. subsequently pled guilty to vehicular manslaughter and received a six year prison term.

Plaintiffs brought a claim for both compensatory and punitive damages against Defendant Anthony B., and compensatory damages against Defendant Owen Roofing Company. At the time of her death, Lori C. left behind a husband of seven years and a six year old son. Both parties lost the necessary and vital companionship and guidance that Lori C. provided. Mrs. C’s parents and brother were also devastated by this tragic loss.

Although the Defendants admitted liability of Defendant B. the Defense did dispute the course and scope of employment issue and punitive damages for all Defendants.

TYPE OF CASE: Wrongful death; Auto v. Auto; Loss of Consortium

INJURIES: As a result of the auto accident Mrs. Lori C. passed away.

DATE & LOCATION OF INCIDENT: On 12/20/95 at 10: 15 p.m. at the intersection of State College Boulevard and Lincoln Avenue in the City of Anaheim, CA.

PLAINTIFF’S AGE: Decedent Lori C. – 34 at time of incident.
Husband John C. – 49 at time of incident.
Son Brandon C. – 7 at time of incident.

OCCUPATION: Decedent – apartment property manager.

PLAINTIFFS’ ATTORNEYS:
Darren O. Aitken v. Wylie A. Aitken
AITKEN * AITKEN * COHN
For Plaintiffs – Brandon C., by and through his Guardian Ad Litem, Ronald M. & John C.
Also Rolf J. Rolnicki
LAW OFFICES OF ROLF J. ROLNICKI
For Plaintiffs

DEFENDANTS’ ATTORNEYS:
Patrick Long
LONG & WILLIAMSON
For Defendant – Owen Roofing Co.
Norman J. Watkins & Ruth Segal
LYNBERG & WATKINS
For Defendant – Anthony B.

DEFENDANT INSURANCE CO.:
American International Companies (primary carrier)
General Security Insurance Company (excess carrier)