Aitken Redesign

FINAL RESULT:

$4,200,000 Fu
$1,800,000 Ashe
$6,000,000 Total

CASE DESCRIPTION:

In the early morning hours of June 11th, 2014, the plaintiff and his car passenger waited for help, parked in the shoulder of the 210 freeway with emergency flashers on. At 3a.m., the defendant, driving a semi-truck, was on his way home after being dismissed from work. He fell asleep at the wheel on the freeway and collided with the plaintiff’s car, pushing the sedan into the freeway and then colliding with the center divider. The defendant survived the collision unharmed, while the plaintiff’s passenger suffered devastating injuries. The plaintiff was killed on impact.

COMPLETE TITLE OF PLAINTIFFS:

CONFIDENTIAL

COMPLETE TITLE OF DEFENDANT:

CONFIDENTIAL

PLAINTIFFS’ ATTORNEY:

Christopher R. Aitken
Richard A. Cohn
AITKEN ✦AITKEN ✦COHN

DEFENDANT’S ATTORNEYS:

CONFIDENTIAL

DEFENDANTS INSURANCE:

CONFIDENTIAL

PLAINTIFF’S CONTENTIONS AS TO LIABILITY:

The negligence of the defendant is clear. He admits that his employer is liable for his actions. His company exercised control over their employees’ actions, especially special employees like the defendant.

DEFENDANT’S CONTENTIONS AS TO LIABILITY:

The defendant’s company tried and failed to obtain summary judgement based on the argument that they were independent contractors.

COUNTY:

Los Angeles

CITY:

Pomona

CASE NUMBER:

BC550715

COMPLAINT FILED:

7/3/14

COURT:

CONFIDENTIAL

JUDGE:

Robert A. Dukes

MEDIATOR:

Troy D. Roe, Esq.

TYPE OF CASE:

Wrongful death

DATE/TIME OF INCIDENT:

June 11th, 2014

WHERE:

Eastbound Foothill 210 Freeway La Verne, CA

PLAINTIFF’S AGE:

35

OCCUPATION:

Small business owner

RESIDENCE:

Irvine, CA

PLAINTIFF’S EXPERTS:

Catherine Graves, MBA, CFA, economic loss; V. Paul Herbert, C.P.S.A, Motor Vehicle & Safety Compliance, David Stopper, trucking industry standard; Timothy J. Reust, Accident Reconstruction; Alvin Lowi III, PE, vehicular collision, crash and trajectory analysis

PLAINTIFF’S INJURIES:

Fatal

DAMAGES:

Non-economic damages far exceed the total economic loss: $7,000,000.

SUBMITTED BY:

Christopher R. Aitken