Confidential
Settlement – $650,000Court
Orange Superior
Attorneys
Plaintiff
Richard A. Cohn
(Aitken Aitken Cohn)
Wylie A. Aitken
(Aitken Aitken Cohn)
Defendant
Experts
Plaintiff
Kenneth S. Obenski
(technical)
Anthony C. Stein Ph.D.
(technical)
Facts
The decedents, husband and wife, ages 74 and 76, were travelling southbound on MacArthur Boulevard in Irvine at approximately 10 p.m. in an unlit area. Defendant was delivering a paving machine to a construction site under the direction of the San Joaquin Transportation Corridor Agency. Defendant proceeded to make a U-turn in the middle of MacArthur Boulevard. Decedent husband failed to see the tractor-trailer rig that was completely blocking MacArthur Boulevard and slammed into the trailer carrying the paving machine. Both husband and wife sustained fatal injuries. Another vehicle traveling behind the decedents also failed to see the trailer blocking the street and rear-ended the decedents' vehicle. The plaintiffs, the decedents' heirs, brought this action against the defendant driver and his employer based on a negligence theory of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $1 million (jointly with the other driver who rear-ended decedents). Per plaintiff, defendants made no offer. Per defendants, they made an offer just before trial.
Injuries
Death of a husband and wife.
Other Information
The settlement was reached approximately one year after the case was filed.
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