Aitken Redesign

CASE DESCRIPTION: Plaintiff is rear-ended on the freeway by a Defendant whose motor insurance company had gone into liquidation. Pursuant to C.I.G.A. the Plaintiffs were required to proceed against their own insurance company.

RESULT: $100,000.00 total settlement

On October 18, 2001, Plaintiff Mary M., the award-winning Food Editor of the Orange County Register, sustained injuries when she was struck at a high rate of speed while stopped in the slow lane of the 405 Southbound, at the transition to the 55 Northbound. Plaintiffs’ counsel brought suit against the Defendant driver, whose insurance company went into liquidation. Pursuant to the California Insurance Guarantee Association (CIGA) who handled the matter under the provisions of Insurance Code Section 1063, et seq., Plaintiffs were required to proceed against their own insurer, SAFECO, for uninsured motorists coverage.

Plaintiff, Mary M., who was wearing a seatbelt at the time of the collision, suffered a cervical sprain, 5MM disc herniation at level L1-2, and contusions to her head, neck, chest and legs.

Plaintiffs contended that the injuries suffered by Mary M. were caused by the collision. Approximately two-thirds of Plaintiff’s medical bills were incurred from chiropractic and massage therapy treatments.

Plaintiffs also contended that Mary M. suffered lost income as co-owner of East/West Cooks, because of her inability to teach cooking classes and conduct domestic and international cooking tours due to fatigue and residual soreness in her legs, neck and back. Plaintiffs claimed past lost income in the amount of $4,475.00 and future lost income in the amount of $20,000 over the remaining 9 years of Plaintiff’s working life. Plaintiff had started this business a mere 10 months prior to the incident, and had net earnings in the entire first year of only $500.00

TYPE OF CASE: Automobile Accident

INJURIES:  Mary M’s injuries – Cervical sprain, L1- 1 disc herniation, Contusion
Phillip M’s injuries – Loss of consortium

PLAINTIFFS’ ATTORNEY:
Casey R. Johnson
AITKEN * AITKEN * COHN
For Plaintiffs – Mary & Phillip M.

DEFENDANTS’ ATTORNEY:
Kimberly J. Sarni
LAW OFFICES OF ADRIENNE D. COHEN
For Defendants – Viryan P. & SAFECO

PLAINTIFFS’ MOTOR INSURANCE CARRIER:  SAFECO