Aitken Redesign

CASE DESCRIPTION: A grandson accompanied by his grandmother was struck broadside by a commercial pickup truck by an employee of the concrete company.  The employee was acting under the course and scope of his employment.  The plaintiffs sued the employer and employee for the injuries they suffered.

RESULT:  $500,000.00 total settlement

Mimanell R. was a passenger in a vehicle being driven by her grandson, Nathaniel T.  They were struck broadside on the passenger side when a commercial pickup truck ran through a boulevard stop.  Mimanell R. was badly injured by the impact, consisting of a fractured leg and facial lacerations.

Nathaniel T. suffered bruises and burns from deployment of the airbags in the car.  He brought to a significant claim for the negligent infliction of emotional distress, fearing that his grandmother, who was bleeding and unconscious after the collision, had been killed in the accident.

The plaintiffs argued that the defendant driver, Robert S., was employed by the concrete companies, who were wholly liable for his negligent driving.

TYPE OF CASE: Auto v. Pickup

INJURIES: Mimanell R. suffered a comminuted spiral fracture of her right femur, which required surgery and left her in a wheel chair for several months.  Her face was also badly lacerated and she had facial zygomatic fracture which required surgery for repair. Her cheek wound became infected at the hospital , requiring additional surgery for repair.  She later had two other surgeries on her face and eye.  She faces a fifth surgery for removal of the pins in her knee because of the pain she continues to suffer.

DATE & LOCATION OF INCIDENT: On 7/28/03 at 1:30 p.m. on North Cannon Street and Loma in Orange, California.

PLAINTIFF’S AGE: Mimanell R. was in her sixties at the time of her injury.

OCCUPATION: Housewife

PLAINTIFFS’ ATTORNEY:
Christopher A. Aitken
AITKEN * AITKEN * COHN
For Plaintiff – Mimanel & James R. and Nathaniel T.

DEFENDANTS’ ATTORNEY:
Michael D. Mike Rohfeld
LAW OFFICES OF RICHARD J. WIANECKI

For Defendant – Coastal Concrete, Inc., Dorado Concrete, Inc., Robert S.