Santa Ana
Practice: civil litigation
Specialty: plaintiff personal injury/wrongful death/bad faith
One of Aitken's most emotionally wrenching cases represented a classic "marriage between the civil and criminal justice systems," he said.
Aitken served as lead counsel in a wrongful death action against Hyundai Motor America and Youn Bum Lee on behalf of the family of Ryan Dallas Cook. In 2005, Cook was riding a motorcycle when he was struck and killed in a hit-and-run collision. Cook v. Hyundai Motor America, 07CC06177, (O.C. Super. Ct.).
Lee, a Korean national working here as a Hyundai executive, became intoxicated prior to the collision, while entertaining executives from Hyundai Corp.. According to Aitken, Lee fled the scene and, with the help of Hyundai executives, returned to Korea.
Aitken recalled the day Cook's parents came into his office shortly after the accident. "They told me that their son had been injured in an auto accident and died at the scene, hit-and-run, and they didn't know who was involved."
A witness saw this particular car weaving on the roadway and reported that to the Highway Patrol, he said.
"My clients assumed that no one would find this individual, and it laid that way for six months," Aitken said.
They were then contacted by the Highway Patrol and informed that there was a criminal investigation going on. Over the next several months, the pieces fell into place, and Aitken went to work trying to get Lee back from Korea.
A civil action was progressing simultaneously, which Aitken said provided valuable information for the criminal prosecution. On the eve of trial, the case settled confidentially for "a substantial amount of money," he said.
- PAT BRODERICK
#275842
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