Aitken Redesign

CASE DESCRIPTION: On December 17, 2011 Kitty and her husband, Steve, participated in a bridge tournament at The Westin Mission Hills Resort & Spa in Rancho Mirage, California. Around 6:30 p.m., Kitty and Steven left the tournament and walked towards their car parked in the western-most lot from the clubhouse. A golf cart owned and operated by the Westin and driven by a young male named Jacob A., approached the couple and offered them a ride to their vehicle. Kitty and Steven accepted and sat down in the rear facing golf cart seats. Suddenly and without warning, the driver of the golf cart immediately accelerated into a left U-turn. Kitty was thrown from the vehicle and landed on the parking lot ground causing her severe and substantial injuries.

RESULTS: $300,000

DATE OF SETTLEMENT: June 8, 2012

INJURIES: Kitty’s injuries include a subdural hemorrhage (brain bleed), large scalp hematoma, concussion, vision loss, memory loss, head pain, neck pain, wrist pain. Steve’s injuries include emotional distress and loss of consortium.

PLAINTIFF’S CONTENTIONS AS TO LIABILITY: Plaintiffs contended that defendants negligently entrusted and supervised defendant, Jacob A, who was operating the golf cart as an intern for Defendant, Westin Mission Hills Resort & Spa. Said internship was offered through the Regional Occupational Program offered by the Riverside Office of Education.

TYPE OF CASE: Premises Liability

DATE & LOCATION OF INCIDENT: December 17, 2011 at the Westin Mission Hills Resort & Spa in Rancho Mirage, Ca.

PLAINTIFF’S AGE: Kitty was 60 at the time of incident.

OCCUPATION: Self-employed computer consultant in website design, programming and training.

PLAINTIFF’S ATTORNEYS:
Michael A. Penn, Esq.
AITKEN*AITKEN*COHN

DEFENDANT ATTORNEYS:
The Westin Mission Hills Resort & Spa
David M. Samuels, Esq.
Taylor N. Burras, Esq.
MICHELMAN & ROBINSON, LLP

Riverside County Office of Education
Stephan M. Harber, Esq.
Hasmik Badalian Collins, Esq.
McCUNE & HARBER, LLP