Steve Edmondson, Lynn Edmondson v. Jay Brian Hutchison, State Farm Insurance Co.
Published: Mar. 25, 2006 | Result Date: Feb. 22, 2006 | Filing Date: Jan. 1, 1900 |Case number: 03CC013339 Settlement – $250,000 (policy limit).
Judge
Court
Orange Superior
Attorneys
Plaintiff
Michael A. Penn
(Aitken Aitken & Cohn)
Christopher R. Aitken
(Aitken Aitken Cohn)
Defendant
Peter J. Gates
(Gates, Gonter,Guy, Proudfoot & Muench LLP)
Alan P. Trafton
(Gates, O'Doherty, Gonter & Guy LLP)
Experts
Plaintiff
John R. Brault M.S.
(technical)
Wayne H. Lancaster
(technical)
Sylvain Palmer M.D.
(medical)
Catherine Jenkins-Hall
(medical)
Edward H. Bestard
(medical)
Facts
Plaintiff Steve Edmondson's vehicle was struck by a vehicle driven by defendant Jay Brian Hutchinson. This litigation arose out of an incident that occurred when the plaintiff was stopped in traffic on the San Diego Freeway in the number 5 lane. A Toyota SUV driven by the defendant moved into the same lane. The defendant's SUV struck a vehicle driven by another driver, forcing that driver's vehicle to strike the rear of the plaintiff's vehicle. As a result, the plaintiff suffered injury. The plaintiff brought a claim for loss of consortium.
The defendant contended that the plaintiff's injuries, if any, were pre-existing and not caused by this incident. The defense also disputed the extent and permanency of the plaintiff's injuries. The defendant contended that the forces involved in the impact were minimal and could not have caused the injuries claimed.
Specials in Evidence
$53,000 $25,000 As high as $250,000 $20,000 to $50,000
Injuries
The plaintiff contended that he suffered significant neck injury. Despite conservative treatment with physical therapy, aqua therapy, and medication, his condition continued to worsen. He sought services from a neuropsychologist whose impressions were mild organic brain syndrome, secondary to concussion and major depressive disorder. In 2004, the plaintiff began to suffer from dizziness, loss of equilibrium, and nausea. He underwent various neurologist and audiological evaluations, as well as vestibular rehabilitation and balance therapy.
Result
$100,000 from the defendant's had an automobile liability policy and $250,000 from the plaintiff's under insured motorist policy.
Other Information
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