This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Auto v. Auto
Rear-End Collision

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

Kazuharu Makino

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

PLEASE PROVIDE THE SETTLEMENT DATE


#110798

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390