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CONFIDENTIAL

Oct. 5, 2004

Personal Injury
Auto v. Motorcycle
Left Turn Collision

Confidential

Settlement –  $110,000

Judge

Thomas N. Thrasher

Court

Orange Superior


Attorneys

Plaintiff

Darren O. Aitken
(Aitken Aitken Cohn)


Defendant

Michael D. Rohfeld


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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