Confidential
Settlement – $110,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Darren O. Aitken
(Aitken Aitken Cohn)
Defendant
Experts
Plaintiff
Wayne H. Lancaster
(technical)
Facts
On June 8, 2002, at approximately 3:30 p.m., the plaintiff, Brian Scott, was traveling northbound on Oakview in the city of Aliso Viejo, on his way home on his 1969 Triumph motorcycle. As he proceeded up the hill toward the intersection with Endless Vista, he observed a while mini van heading southbound on Oakview that appeared to have stopped. At this intersection, Oakview is a two-lane roadway with no painted lines or separation from vehicles traveling in opposite directions. Seeing the white mini-van stopped near the intersection of Oakview and Endless Vista, the plaintiff proceeded across the intersection. As he proceeded straight ahead at approximately 30 mph, the white van started a left turn across the plaintiff's path of traffic. As a result, the mini-van and the plaintiff's motorcycle collided. The defendant disputed liability on the ground that Brian Scott was traveling too fast and could have avoided the collision. A witness who was parked along the curbline on Endless Vista testified that she believed that Scott was traveling approximately 60 mph shortly before the collision occurred.
Settlement Discussions
The plaintiffs collectively settled for $110,000.
Damages
The plaintiff's spouse, Jennifer Scott brought a claim for loss of consortium.
Injuries
The plaintiff suffered lacerated spleen, laceration, impalement wound to the left hip, detachment of the abdominal oblique and gluteus muscles, broken left fibula, sprained left leg and ankle, multiple abrasions and contusions.
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