Aitken Redesign

CASE DESCRIPTION: Young driver hit by older man making a left hand turn while running a red light.  Since the male driver was found primarily at fault, suit was filed against his insurance and an under insured motorist claim was filed with her insurance.

RESULT:  $250,000.00 total settlement

On September 29, 2003, Plaintiff a 20-year-old freshman at the University of Southern California was driving eastbound on Garfield Avenue in the City of Huntington Beach in her 1999 Mercury Mountaineer.  As Plaintiff proceeded eastbound on Garfield Avenue into the intersection with Main Street she was struck by an 86-year–old gentleman driving a 1997 Cadillac Fleetwood, who ran a red light and made a left hand turn from the westbound number one lane of travel on Garfield Avenue, across a painted median and the designated left-turn lane on westbound Garfield Avenue towards southbound Main Street.

The Defendant Jared M. was identified in the Traffic collision Report as being the primary cause of the incident for being in violation of C.V.C. §21801(a), for failing to yield to oncoming traffic before making a left hand turn.

TYPE OF CASE: Auto v. Auto

INJURIES: Plaintiff sustained a calcaneal fracture for which she underwent an open reduction internal fixation of the right calcaneus fracture involving placement of a plate and pins as well as transverse fracture through her right patella for which she underwent an open reduction internal fixation involving the placement of wire mesh.

DATE & LOCATION OF INCIDENT: On 9/29/03 on Garfield Avenue at the intersection of Main Street in the City of Huntington Beach.

PLAINTIFF’S AGE: 20 at time of the incident.

OCCUPATION:  Student

PLAINTIFF’S ATTORNEYS:
Richard A. Cohn & Casey R. Johnson
AITKEN * AITKEN * COHN
For Plaintiff – Lindsey S.

DEFENDANTS’ ATTORNEYS: None designated.

PLAINTIFF’S INSURANCE CO.: Farmers

DEFENDANT’S INSURANCE CO.: State Farm