Aitken Redesign

CASE DESCRIPTION: Plaintiff Steve E’s vehicle was struck by a vehicle driven by the defendant.  The defendant had an automobile liability policy with a limit of $100,000.  After collecting that sum, plaintiffs then collected $150,000 from their own under insured motorist policy.

RESULT:  $250,000.00 total settlement

This litigation arose out of an incident that occurred when Steve E. was stopped in traffic on the San Diego Freeway in the number 5 lane.  A Toyota SUV driven by Jay H. moved into the same lane.  The defendant’s SUV struck a vehicle driven by another driver, forcing that driver’s vehicle to strike the rear of Steve E’s vehicle.  As a result, the plaintiff suffered injury.  Mrs. E brought a claim for loss of consortium.

Plaintiff’s injuries, if any, were pre-existing and not caused by this incident.  The defense also disputed the extent and permanency of plaintiff’s injuries.  Defendant contended that the forces involved in the impact were minimal and could not have caused the injuries claimed.

TYPE OF CASE: Personal Injury – Auto v. auto

INJURIES:  Plaintiff contended that he suffered significant neck disc injury.  Despite conservative treatment with physical therapy, aqua therapy and medication, his condition continued to worsen.  He sought services from a neuropsychologist whose impressions were mild organic brain syndrome, secondary to concussion and major depressive disorder.  In 2004, plaintiff began to suffer from dizziness, loss of equilibrium and nausea.  He underwent various neurologist and audiological evaluations, as well as vestibular rehabilitation and balance therapy.

DATE & LOCATION OF INCIDENT: On 2/20/03 at approximately 4:30 p.m. on the San Diego Freeway south of Red Hill Avenue, an unincorporated area of Orange County.

PLAINTIFF’S AGE: 46 at time of the incident.

OCCUPATION: Insurance Agent

PLAINTIFFS’ ATTORNEYS:Christopher R. Aitken & Michael A. Penn
AITKEN * AITKEN * COHN
For Plaintiff – Steven & Lynn E.

DEFENDANTS’ ATTORNEYS:
Peter Gates & Alan Trafton
GATES, O’DOHERTY, GONTER & GUY

For Defendants – Jay H. & State Farm Insurance Co.

DEFENDANT INSURANCE CO.: State Farm Ins.