Aitken Redesign

CASE DESCRIPTION: On 8/27/02, plaintiff, Gilbert G. was driving his 1993 Toyota Camry on El Toro Road at its intersection with Serrano in Lake Forest, California.  Mr. Gilbert G. was stuck in the aforementioned intersection defendant, this Audrey W.  She stated that she was talking to her brother as she entered the intersection and thought the light was green.  Upon further questioning, she admitted the light was red.

The case against Ms. Audrey W. was settled for her policy limits of $100,000 with Farmers Insurance prior to a lawsuit being filed.  Plaintiff Gilbert G. then brought an underinsured motorist action against his own insurance Co., State Farm, and collected and additional $750,000. Plaintiff contended that defendant was liable for causing the injuries to Plaintiff Gilbert G.  Plaintiff contended that the full extent of injuries, and future recommended back surgery, was caused by the automobile incident.  Plaintiff contended that he was permanently disabled from his employment at State Farm due to his injuries.  Plaintiff acknowledged that the MRI films of his injury showed degenerative changes but argued that the incident caused symptom otology not present prior to the incident.

RESULT: $850,000.00 total settlement

Defendant contended that the injuries suffered by Mr. Gilbert G. were pre-existing in nature. Defendant contended that to the extent that future back surgery was necessary, it was not due to trauma but degenerative changes.

TYPE OF CASE: Automobile V. Automobile with Loss of Consortium

DATE & LOCATION OF INCIDENT: On 8/27/02 at the intersection of El Toro Road and Serrano in the city of Lake Forest.

PLAINTIFF’S AGE: 43 at the time of the incident.

OCCUPATION: Underwriter specialist or State Farm Insurance Co.

PLAINTIFFS’ ATTORNEY:
Christopher R. Aitken
AITKEN * AITKEN * COHN
For Plaintiff – Gil & Tina G.

DEFENDANTS’ ATTORNEYS:
Adjuster for underlying policy – Lucy Mangielli
FARMERS INSURANCE GROUP
For Defendant – Ms. Audrey W.

Chris Wesierski
WESIERSKI & ZUREK
For Defendant – State Farm

PLAINTIFF’S INSURANCE CO.: State Farm

DEFENDANT’S INSURANCE CO.: Farmers Insurance