Aitken Redesign

CASE DESCRIPTION:  Cyclist hit while crossing street through a green light.  Auto made right hand turn in front of the cyclist, cutting him off.  The cyclist hit the side of the car and suffered a fractured femur.  Plaintiff brought suit for medical expenses and loss of earnings.

RESULT:  $1,250,000.00 total settlement

Plaintiff was cycling westbound on Pacific Coast Highway (“PCH”) in the City of Corona Del Mar.  Plaintiff approached the intersection and intended to cross through it pursuant to the green light.  Since he intended to travel straight through the intersection, Plaintiff had the right of way.  Immediately prior to his entry into the intersection, however, Defendant, began a right turn from PCH onto Avocado.  While making this turn Defendant cut across the bike lane and directly in front of Plaintiff.  Plaintiff attempted to avoid a collision, but he did not have sufficient time.  Plaintiff struck the side of Defendant’s vehicle and fell heavily on his left side.

The parties disputed liability.  The Plaintiff claims that the Defendant violated his right away, thereby causing the collision.  While the Defendant argues that the cyclist was inattentive and basically rammed Defendant’s vehicle while making a lawful turn.

TYPE OF CASE:  Auto v. Bicycle

INJURIES:  Fracture of his left femur.  He had an open reduction and internal fixation of the left leg with a ten hole hip key-free hip compression screw and plate to fix the fracture.  As a  result of the leg fracture, Plaintiff’s left leg is now 3/8 of an inch shorter than his right leg.

DATE & LOCATION OF INCIDENT:  On 1/28/95 on Pacific Coast Highway and Avocado in the City of Corona Del Mar, California.

PLAINTIFF’S AGE:  63 at time of the incident.

OCCUPATION:  General surgeon, with a sub-specialty in vascular surgery

PLAINTIFFS’ ATTORNEY:
Darren O. Aitken
AITKEN * AITKEN * COHN
For Plaintiffs – Robert J. & Mary T.

DEFENDANT’S ATTORNEY:
Gary P. Fidone
PRESTHOLT, PETAK, KLEEGER,  FIDONE & VILLASENOR
For Defendant – David D.

DEFENDANT INSURANCE CO.:  CSE Insurance (primary — $250,000.00)
Chubb Insurance (excess — $1,000,000.00)