Aitken Redesign

CASE DESCRIPTION: The plaintiff was stopped at a corner preparing to make a left hand turn when the defendant rear ended her.  As a result of the impact the plaintiff was pushed into the intersection and struck by another vehicle.

RESULT:  $187,500.00 total settlement

On August 12, 2003, Plaintiff, Amy M. was driving on Nancy Ridge Road in San Diego, California.  While she was waiting for traffic to pass so she could safely turn left into a public driveway, her vehicle was struck in the rear by a truck owned by Jackson & Blanc which was driven by Michael M.  The force of the impact forced her vehicle across the double line, into the lane of oncoming traffic.  She was then struck in the front by another truck.  At deposition Michael M said he did not remember seeing the plaintiff prior to striking her.  He was cited for a violation of Calif. Vehicle Code Section 22350.

Plaintiff contended that defendants were liable for causing the injuries to Amy M. because of the automobile incident.  The driver admitted that he did not see the plaintiff’s vehicle before he struck her.  The investigating authorities did not find any evidence of braking prior to the collision.  The investigating officer found Michael M. to be at fault for the accident due to his inattention to the roadway and found him in violation of Vehicle Code Section 22350.  The driver of the second vehicle that struck Amy M. also filed a lawsuit against Jackson & Blanc.  The cases were consolidated by the court.

Defendant contended that the injuries suffered by Ms. Millard were pre-existing and/or degenerative and not caused by this incident.

TYPE OF CASE: Auto v. Auto

INJURIES: Pain in her left ankle and right forearm.  The right forearm pain was largely wrist pain and mid forearm pain, aggravated by use of the arm with any sort of activity.  She also suffered from an ankle sprain and a swollen knee.  She later developed mid thoracic spine pain.  Several months post accident Ms. Millard underwent right wrist diagnostic arthroscopy and debridement of right wrist triangular fibrocartilage complex tear.

DATE & LOCATION OF INCIDENT: On 08/12/03 around 3:00 p.m. on Nancy Ridge Road in San Diego.

PLAINTIFF’S AGE: 45 at the time of the incident.

OCCUPATION: Financial analyst.

PLAINTIFF’S ATTORNEY:
Christopher R. Aitken
AITKEN * AITKEN * COHN
For Plaintiff – Amy M.

DEFENDANTS’ ATTORNEYS:
Edward Meara
BROWNWOOD, CHAZEN & CANNON
For Defendants – Jackson & Blanc, & Michael M.

DEFENDANT INSURANCE CO.: Golden Eagle Ins. Co.