Aitken Redesign

CASE DESCRIPTION:  Decedent lost control of his car and has a minor collision with the concrete wall on the I-15/I-91 transition.  Decedent got out to check the damage, when the Defendant lost control of his truck in the same way.  Defendant’s truck hit and killed the Decedent.  The mother brought a wrongful death suit against the trucker and his employer.

RESULT:  $250,000.00 total settlement

Plaintiff’s Decedent Marco L. was traveling from his fiancé’s home in Lake Ellsinore to his home in South Gate, California.  A light rain was falling.  When he was in the City of Corona on the transition road from the I-15 to the I-91 he lost control of his vehicle and struck the concrete bridge wall.  Subsequently he stopped his vehicle, got out to check for damage to his vehicle and pick up debris.

Shortly after Defendant Marco L., in the course and scope of his employment with Hansen Beverage Company, traveled down the same transition road, when he lost control of his truck and struck the same concrete bridge wall.  His truck slid down the concrete bridge wall struck the vehicle of Decedent Marco L. and then struck Marco L. causing his death.

To dispute liability the Defendants contended that Plaintiff’s Decedent was under the influence of cocaine, valium and morphine and that he was negligent in crossing the transition lanes on foot in the path of the oncoming Hansen’s truck.

TYPE OF CASE:  Wrongful Death

INJURIES:  The incident resulted in the death of Marco L., the son of Esther V.

DATE & LOCATION OF INCIDENT:  On 1/20/99 in the City of Corona.

PLAINTIFF’S AGE:  Decedent – 30 at time of incident

OCCUPATION:  N/A

PLAINTIFF’S ATTORNEY:
Richard A. Cohn
AITKEN * AITKEN * COHN
For Plaintiff – Esther V.

DEFENDANTS’ ATTORNEY:
Scott B. Spriggs
KINKLE, RODIGER & SPRIGGS
For Defendant – Burke L. & Hansen’s Beverage Company

DEFENDANT INSURANCE CO.: Chubb Group of Insurance Companies