$565,000: Plaintiffs Collect Policy Limits In Auto Incident At Fashion Island

June 7, 2010

CASE DESCRIPTION: This litigation arose from an automobile v. automobile incident occurring in the City of Newport Beach. Plaintiff, negotiating a left hand turn, was struck on the driver’s side by Defendant who ran a red light at an excessive speed.

RESULT: $565,000.00 total settlement

Plaintiffs contended that they were legally negotiating a left hand turn at a signal controlled intersection, when they were struck on the left hand side of their vehicle by Defendant. Discovery produced several independent witnesses who testified that Defendant driver had indeed ran a red light at the Newport Coast Drive intersection, at a high rate of speed. Defendant first contended to the police that he entered the intersection on a red signal. However, upon further questioning, Defendant contended that he had a green signal and that Plaintiff Hanson had ran the red light.

TYPE OF CASE: Automobile v. automobile

INJURIES: Dr. Frederick H. suffered a traumatic brain injury from the incident. Diane H. suffered minimal soft tissue injuries. Diane H. brought a loss of consortium and negligent infliction of emotional distress claim for witnessing the injuries to her husband.

Medical specials for Dr. Frederick H. totaled over $200,000. Medical specials for Diane H. totaled $6,400.

DATE & LOCATION OF INCIDENT: December 5, 2001, around 1: 00 p.m. on the driveway of the Marriott Newport Beach Resort on Newport Coast Drive, Newport Beach, California.

PLAINTIFF’S AGE: Dr. Frederick H. – 80 at time of incident.

OCCUPATION: Retired Physician

PLAINTIFFS’ ATTORNEY:Christopher R. Aitken
AITKEN * AITKEN * COHN
For Plaintiffs – Dr. Fred & Diane H.

DEFENDANTS’ ATTORNEY:
Mark Eisenberg,
HOLLINS, SCHECHTER & CONDAS
For Defendants – Mark, Jeffery & Carol S.

DEFENDANT’S INSURANCE CO.: Farmers Insurance Group