Facts

On April 10, 2013, at 2:30 p.m., Oscar Alaniz, 35, was traveling southbound in the number one lane of Superior Ave. in Costa Mesa, while riding a 2011 Honda Ruckus motor scooter. As Alaniz entered the intersection with Industrial Way, a 2003 Jaguar S-type driven by defendant Margit Braathen, 98, broadsided Alaniz causing fatal injuries.

Plaintiffs were decedent's wife Kathrine Grogan Alaniz and their three minor children, Kathrine, Elianna, and Devon, ages 8, 7, and 4, respectively.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that defendant made a left turn in front of Alaniz suddenly and without warning, causing a broadside vehicle collision. Plaintiffs claimed the impact launched Oscar onto the roadway, and although he was wearing a helmet at the time of the collision, he sustained massive physical, and ultimately fatal injuries.

Officer Bao of the Costa Mesa Police Department investigated the collision, and noted in his report that Braathen stated she was traveling approximately 15 to 25 mph prior to the collision. Braathen also admitted that she did not see any oncoming traffic when she made her left turn and did not see decedent's vehicle until the collision occurred. Officer Bao obtained written statements from three independent witnesses to the vehicle collision. All confirmed that Braathen caused the subject collision when she made a left hand turn in front of decedent who was proceeding straight through the intersection on a green traffic signal.

Plaintiffs claimed that defendant was at fault for the traffic collision and was in violation of California Vehicle Code Section 21801(a).

DEFENDANT'S CONTENTIONS:
Defendant disputed the extent of plaintiff's damages.

Damages

Decedent's remaining life expectancy at the time of this incident was approximately 42 years. Prior to the accident, he had been employed. His last employment had been approximately six months before, as a dental assistant.

Injuries

Emergency personnel attended to Alaniz at the scene and he was transported via ambulance to Western Medical Center. Alaniz was pronounced dead at the hospital.

Result

The case settled for $1 million in policy limits.

Other Information

INSURER: AAA Insurance.