Aitken Redesign

CASE DESCRIPTION:  Plaintiff passenger and driver are struck while making a left hand turn during a green light.  Defendant sped through a red light causing the accident.  Plaintiff brought suit on grounds of personal injury to recover medical expenses and loss of income.  The Defense disputed issues of liability and true cost of Plaintiff’s damages.

RESULT:  $125,000.00 total settlement

Plaintiff was a passenger in his own vehicle driven by his friend.  They stopped for a red light. The light turned green and they proceeded forward to make a left turn at a T-type intersection from southbound via Linda to eastbound Alicia.  Defendant, proceeding west on Alicia in a Ford Bronco, struck Plaintiff’s vehicle at the driver’s side door while traveling at 70 mph in a 45 mph speed limit area.  The driver of the Plaintiff’s vehicle was killed.  Plaintiff suffered laceration of the spleen and pneumothorax injury.  Plaintiff was hospitalized for eight days.  Plaintiff has since made good recovery, no loss of spleen.  Plaintiff incurred medical bills totaling approximately $22,000.00.

The Plaintiff contended that the Defendant was speeding, inattentive, and ran a red light.  Also that the Defendant had been drinking and if he had been tested immediately after the accident, it would have shown his blood-alcohol level at the time of the accident to be .08.  The Defendant argued that the Decedent driver of the Plaintiff’s vehicle ran the red light as established by an eye witness.  In addition the Defendant was not under the influence of alcohol at the time of the accident.

TYPE OF CASE:  Personal Injury

INJURIES:  Plaintiff suffered laceration of the spleen and pneumothorax injury.

DATE & LOCATION OF INCIDENT:  On 11/23/89 at 12:45 a.m. in Mission Viejo, CA.

PLAINTIFF’S AGE:  19 at time of incident.

OCCUPATION:  Student, part-time salesman.

PLAINTIFF’S ATTORNEY:
David P. Crandall
AITKEN * AITKEN * COHN
For Plaintiff – Imran S.

DEFENDANT’S ATTORNEY
Larry Pleiss
MADORY, BOOTH, ZELL & PLEISS
For Defendant – Jayson H.