Aitken Redesign

CASE DESCRIPTION: The auto accident occurred on September 17, 1988 at approximately 7:30 a.m. wherein underinsured defendant, James B. failed to yield to Plaintiff”s approaching vehicle thereby colliding with Plaintiff.

RESULT: $350,000.00 total settlement

Defendant was underinsured and his $15,000 policy limits were immediately tendered. At that point, Plaintiff”s $100,000 primary underinsured motorist policy with State Farm became exposed and State Farm tendered another $85,000 to exhaust the primary policy limits.

Fortunately, the plaintiff also had an umbrella underinsured motorist policy with a limit of $1 million with State Farm, which was now exposed. State Farm then offered $141,250.00 additional (“new”) money to settle the matter. Plaintiff counter-demanded for $290,000.00 “new” money (or $390,000.00 total.) State Farm then obtained additional authority, and offered $230,000 “new” money (or $330,000.00 total.) Plaintiff countered at $260,000 “new” money (or $360,000.00 total.) State Farm then offered $250,000 “new” money (or $350,000.00 total), which Plaintiff accepted to settle the case.

TYPE OF CASE: Personal Injury

INJURIES: Plaintiff”s injuries were both severe and numerous: a double cranial concussion; a bruised and swollen heart resulting from impact with the vehicle”s steering wheel; a fractured to the left orbital socket, third nerve palsy and damage to the left eye resulting in double vision and a sluggish left eye; a torn/punctured eardrum in the right ear and permanent damage to the inner ear resulting in a dizziness/balance problem known as “labyrinthitis” as well as a thinned eardrum and high frequency hearing loss; a right sided fracture of the jaw and visibly noticeable shifting of the chin to the right of where it used to be; a broken tooth and shifting of several teeth; several severe lacerations requiring stitches in the chin, skull and left leg; two sprained wrists; a dislocated left ankle; pain in the left shoulder; a non-displaced fracture of the left first rib.

DATE & LOCATION OF INCIDENT: On 9/17/88 at 7:13 a.m on Kraemer Blvd., Placentia, CA.

PLAINTIFF’S AGE: 46 at time of the incident

OCCUPATION: Day Care Operator

PLAINTIFF’S ATTORNEY:
Richard A. Cohn, Esq.
AITKEN * AITKEN * COHN
For Plaintiff – Georgia A.

DEFENDANT’S ATTORNEY:
STATE FARM FIRE & CAUSALTY CO.
For Defendant – James B.

PLAINTIFF’S UNDERINSURED MOTORIST INSURANCE CARRIER: State Farm Fire & Casualty Co.