$750,000: Who Ran The Red Light?

CASE DESCRIPTION: James Olson was turning left on the green turn arrow at the intersection when defendant ran the red light and collided with Mr. Olson’s vehicle.

RESULT: $ 750,000

At approximately 5:30 a.m. on June 11, 2008, James Olson was following his normal morning routine by traveling westbound on Bryan Avenue on his way to work.   He reported coming to a full stop at a red light in the number one left hand turn lane of Bryan Avenue at its intersection with Jamboree Road.  Mr. Olson observed a car in the number two (also a left hand turn) lane, and therefore stopped approximately six feet behind the limit line.  Mr. Olson admitted knowing that the left turn light cycled rather quickly.

After the red light changed to green, Mr. Olson proceeded into the intersection, slower than the vehicle in the number two turn lane, so that he could proceed through the intersection, then move immediately into the right most lane (behind the vehicle that originated in the number two turn lane) and get onto the freeway on ramp from Jamboree.

As Mr. Olson pulled his vehicle into the intersection, Mr. Olson’s vehicle was struck on the driver’s side, causing the Ford Explorer to roll onto its side.

The vehicle that struck Mr. Olson’s vehicle was a 2002 Toyota Tacoma driven by Elias Dominguez Hernandez, who was within the course and scope of his employment with Pacific Maintenance Services, Inc.

Mr. Olson was extricated from his vehicle by emergency personnel and immediately transferred to Western Medical Center.

Plaintiff contended defendant ran a red light and caused the incident.  Defendant contended plaintiff ran a red light and caused the incident.

There were no independent witnesses to this accident.

TYPE OF CASE: Auto accident

PLAINTIFF’S INJURIES: Pelvic fractures, rib fractures, broken nose, liver and spleen lacerations, collapsed lung.

DATE AND LOCATION OF INCIDENT: 6/11/08, intersection of Bryan Avenue and Jamboree Road, Tustin, California

PLAINTIFFS’ AGES: James Olson, 64; Cleo Olson, 53

OCCUPATION: Design Technology

DATE OF SETTLEMENT: 12/21/09

FINAL RESULT: $750,000

PAST WAGE LOSS: $14,000

FUTURE WAGE LOSS: None

PAST MEDICAL SPECIALS: $165,000 paid by insurance

PLAINTIFFS’ ATTORNEY:
Casey R. Johnson, Esq.
AITKEN * AITKEN * COHN
3 MacArthur Place, Suite 800
Santa Ana, CA  92707
Tel:  (714) 434-1424
Fax: (714) 434-3600

DEFENDANTS’ ATTORNEYS: None

DEFENDANTS’ INSURER: Liberty Mutual Insurance Company