Aitken Redesign

CASE DESCRIPTION:  A drunk driver ran into a taxi cab pulled off to the side of the road.  The plaintiff was standing beside the taxi cab and was severely injured.  The defendants claimed that the taxi cab driver was negligent by being on the side of the road.

RESULT:  $1,015,000.00 total settlement

On August 31, 2002, at 2:00 a.m., Plaintiff was a passenger (with four friends) in a taxicab that had pulled off to the side of the road approximately 767 feet south of Brookhurst Avenue in the City of Huntington Beach.  The cab driver had pulled over to kick the 5 friends out of the taxi due to an argument.  Plaintiff was standing beside the taxicab at the time of the accident which is the subject matter of this action and was talking to Abdulhay Abdulhay who was the driver of the taxicab.  Plaintiff was trying to convince the cab driver to continue the trip.  Defendants Venus S. and James M. then were traveling south-bound on Pacific Coast Highway and struck the plaintiff, as well as Abdulhay Abdulhay and the taxicab.  The cab driver was killed and Plaintiff was badly injured.

Plaintiff contended that the operator of the cab illegally pulled off the road, that Venus S. was too intoxicated to legally operate a motor vehicle and that James M. negligently gave control of the vehicle to Venus S.

Defendants contended that it was Plaintiff’s and his friends’ fault that the cab operated by Abdulhahy Abdulhahy pulled over to the side of the road.  The cab company also contended the accident was solely the fault of Venus S. and James M., who were intoxicated.

TYPE OF CASE:  Auto v. Pedestrian

INJURIES:  Plaintiff suffered severe injuries including, but not limited to closed head injury, subarachnoid hemorrhage, brain contusion, small subdural hematoma and parafalcine hematoma, contusion of left kidney, and multiple cuts and bruises.  Plaintiff has residual injuries including neck pain limiting head movement, depression, short term memory loss, shortness of temper, lack of endurance, difficulty learning, scars on both knees, arms, and head, sleep disorder, headaches, left sided weakness, and numbness on bottom of left foot.

DATE & LOCATION OF INCIDENT:  On 8/31/02 on Pacific Coast Highway and Brookhurst, in the City of Huntington Beach.

PLAINTIFF’S AGE:  25 at time of incident.

OCCUPATION:  Small Business Owner (Cellular telephone)

PLAINTIFF’S ATTORNEY:
Richard A. Cohn
AITKEN * AITKEN * COHN
For Plaintiff – Mohammad F.

DEFENDANTS’ ATTORNEYS:
Patrick Graves & Harvey Wimer
GRAVES & KING
For Defendants – Yellow Cab and the Estate of Abdulhay Abdulhay

Peter J. Zomber
MURPHY, PEARRSON, BRADLEY & FEENEY
For Defendant – Scottsdale Insurance Company

Peter J. Godfrey
GILBERT, KELLY, CROWLEY & JENNETT
For Defendants – James & Kimberly M. and Venus S.