Aitken Redesign

CASE DESCRIPTION:  An elderly couple was on their way to church when a motor vehicle accident occurred next to them.  One of the vehicles jumped the curb and pinned Mr. Paul H. under it.  Plaintiffs’ brought suit to recover medical expenses, negligent infliction of emotional distress and other damages.

RESULT:  $152,000.00 total settlement

Paul and Eleanor H. were visiting family in California.  They were on their way to Mass when a vehicle made a left turn in front of another vehicle causing a collision.  As a result of the collision one of the vehicles jumped the curb and struck Mr. Paul H.  He was pinned under the vehicle.  Mrs. Eleanor H. witnessed the entire incident and feared her husband had been killed.

The parties disputed liability.  The Plaintiff argued that the negligent driving of Defendant Joseph L. caused the incident by pulling in front of the second vehicle.  While the other Defendant argued that the second vehicle shared in the blame for this incident.

TYPE OF CASE:  Pedestrian vs. Auto

DATE & LOCATION OF INCIDENT: On 1/28/99 at approximately 7:51 a.m. at the intersection of Euclid Street and Barbette Avenue, Santa Ana, California.

PLAINTIFF’S AGE:  Paul H. – 83 at time of incident.
Eleanor H. – 77 at time of incident.

OCCUPATION:  Paul H. was a retired farmer.

PLAINTIFFS’ ATTORNEY:
Darren O. Aitken
AITKEN * AITKEN * COHN
For Plaintiffs – Paul & Eleanor H.

DEFENDANTS’ ATTORNEYS:
N/A – the case was settled before Defense Counsel was retained.

For Defendant – Joseph L.

PLAINTIFF INSURANCE CO.:  State Farm Insurance Company.

DEFENDANT INSURANCE CO.: Bayview Adjustment Bureau, Inc. for Coast National Insurance Company.