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$7,500,000

Jury Verdict to Motorcyclist for Pain and Suffering

Attorneys Nicholas C. Rowley and Courtney Yoder, working together with attorneys Howard Kitay and other members of his law office, obtained a jury verdict of over 7.5 million dollars in El Cajon Superior Court on December 16, 2011.

The Plaintiff, an active duty sailor, was driving his motorcycle to work at the Submarine base in San Diego when a shuttle van from a local auto dealership turned left in front of him. He sustained multiple broken bones and ruptures resulting in permanent injuries and disabilities.

After a two week trial, the jury determined the corporate auto dealership was 100% at fault, and awarded Plaintiff $53,000.00 for medical bills and lost wages, and 7.5 million dollars for pain and suffering.

$1,200,000

JURY VERDICT REAR-END AUTOMOBILE COLLISION

On April 17, 2013, in the matter of Bean v. Otis Elevator Company, the jury awarded our client $1.2 million at trial in a rear-end automobile collision case.

$1,010,000

SETTLEMENT FOR SAN DIEGO MAN INJURED IN HEAD-ON COLLISION IN MEXICO

Attorney Howard Kitay obtained a $1,010,000.00 settlement for a San Diego Man injured in Mexico when another driver, also a United States citizen, crossed the center line at a high rate of speed causing a head-on collision.

The plaintiff suffered extensive injuries and was left with permanent neck, shoulder and back pain, with the possibility that he may require surgery in the future. Attorney Howard Kitay filed a lawsuit in San Diego Superior Court, which eventually settled for the policy limit: $1,010,000.00.

$1,010,000

Settlement For Man Struck by Falling Box in Tool Store

Attorney Howard Kitay obtained a $1,010,000.00 settlement for a 41 year-old man who was struck by a falling box while shopping in a tool store in east San Diego. The plaintiff sustained a bruise to his brain.

The owner of the east San Diego tool store originally claimed that plaintiff assumed the risk of injury when plaintiff went to the aid of a store employee who lost his balance on a ladder and offered $500,000.00 to settle the claim. The $500,000.00 settlement offer was rejected. Less than thirty days before trial, the tool store settled plaintiff’s case for $1,010,000.00.

$1,000,000

Settlement for Woman Injured by Defective Product at East County Store

Attorney Howard Kitay obtained a $1,000,000.00 settlement for a woman who was injured by a patio Warmer/Cooler, while shopping at an East County store. While shopping, the woman picked up the lid of the item, which was advertised as a Patio Warmer/Cooler. A large metal object fell out of the lid and landed on her toe, causing a fracture. Plaintiff developed complications from the fracture and incurred over $39,000.00 in medical bills.

Attorney Howard Kitay obtained a settlement of $1,000,000.00 on the eve of trial.

$500,000

Verdict for Slip and Fall at San Diego Restaurant

Attorney Howard Kitay obtained a $500,000.00 Verdict for a San Diego woman who slipped and fell on spilled cherry juice at an Italian Restaurant in San Diego. Prior to opening at 11 a.m., a restaurant employee spilled cherry juice on the floor and then mopped the floor with soap and water. No wet floor signs were posted. Plaintiff entered the restaurant shortly after 11 a.m. to pick up breadsticks to bring to her workplace, and slipped and fell on the wet floor. Plaintiff sustained a head contusion, neck and back strains, a bruised tailbone, ankle sprains, a left knee sprain and bruise, and a right wrist sprain. Her medical bills totaled over $56,000.00.

Attorney Howard Kitay filed suit in San Diego Superior Court. The restaurant insisted the floor was dry and the fall was not their fault, and that the cherry juice had been sufficiently cleaned-up. The restaurant refused to settle. The Kitay firm hired a forensic expert. At trial, the restaurant continued to claim the incident was not their fault. The forensic expert demonstrated to the jury that Plaintiff’s shoes had cherry juice residue from the fall, which proved the restaurant had failed to adequately clean up the spill.

After a four day trial, Plaintiff received a verdict of $500,000.00.

$400,000

Settlement for Slip and Fall at El Cajon Store

Attorney Howard Kitay obtained a $400,000.00 settlement for an El Cajon woman who slipped and fell on spilled liquid at an El Cajon store. Store employees dragged full garbage bags throughout the store and failed to notice the bags were leaking. When plaintiff walked through the store, she slipped and fell. Plaintiff sustained a a neck injury and underwent surgery.

Attorney Howard Kitay filed suit in San Diego Superior Court and deposed several employees to determine how the incident occurred. Investigation established that the store had created a dangerous condition on their property that endangered and injured Plaintiff. The store eventually settled the case for $400,000.00.

$350,000

REAR-END COLLISION AND PRE-EXISTING CONDITION SETTLEMENT

Attorney Howard Kitay obtained a $305,000.00 settlement for a 49 year-old San Diego woman injured on Interstate 15, when she slightly bumped the car in front of her, came to a complete stop, and was then forcibly hit from behind by an underinsured motorist.

Plaintiff underwent significant treatment for her neck and upper back injuries and for exacerbation of her pre-existing back condition. Treatment included chiropractic adjustments, physical therapy, injections, and two neck surgeries.

The responsible party had inadequate insurance to compensate plaintiff for all her injuries resulting from this collision. Attorney Kitay employed the “made whole” legal doctrine (health insurance carrier is not entitled to reimbursement until an accident victim is “made whole” by the settlement), and persuaded plaintiff’s health insurer to accept $15,000.00 as payment in full for all medical bills incurred. Attorney Kitay then negotiated a policy limit underinsured motorist settlement for plaintiff in the sum of $305,000.00.

$325,000

Settlement for Woman Struck by a Box

Attorney Howard Kitay obtained a $325,000.00 settlement for a woman who was injured when a local store employee dropped a box on her neck. Plaintiff sustained a a neck injury and underwent surgery.

The store refused to admit liability and denied the injuries to Plaintiff were caused by the incident in their store. Attorney Howard Kitay filed suit in San Diego Superior Court and proved the store employee was negligent and that Plaintiff’s injuries were caused by the store’s negligence. Attorney Kitay took the case to trial. After several days of trial, and prior to closing argument, the store settled the case for $325,000.00.

$250,000

SETTLEMENT FOR 18 YEAR OLD IN VEHICLE COLLISION

Attorney Howard Kitay obtained a $250,000.00 settlement for an 18 year-old woman injured when an uninsured motorist turned left in front of her, causing an unavoidable collision.

Plaintiff was left with permanent right ankle limitations with respect to range of motion and strength. She also has permanent right ankle stiffness and swelling. Attorney Kitay initiated an uninsured motorist claim on behalf of plaintiff, which eventually settled for $250,000.00.

$250,000

Settlement for Slip and Fall on Spilled Ice at East County Grocery Store

Attorney Howard Kitay obtained a $250,000.00 settlement for an El Cajon woman who slipped and fell on spilled ice at a an El Cajon grocery store. The grocery store knew the ice machine was leaking water, and they placed a rubber mat to prevent falls. One day, before the store closed and while customers were still in the store, a grocery store employee removed the protective mat in front of the ice machine. When plaintiff attempted to get ice, she slipped and fell. Plaintiff sustained a fractured hip and underwent surgery.

Attorney Howard Kitay filed suit in San Diego Superior Court and deposed many of the store employees to find out what happened As a result, Attorney Kitay was able to prove the grocery store employee created a dangerous condition when he removed the rubber mat, and that Plaintiff was injured as a result. The grocery store settled the case for $250,000.00.

$246,000

Settlement for Slip and Fall at Local Store

Attorney Howard Kitay obtained a $246,000.00 settlement for a woman who slipped and fell on water in the produce department at a local store. Store employees failed to clean up water on the floor which was leaking from a defective sprinkler. When the woman walked through the produce department, she slipped and fell. She sustained a tear to the rotator cuff in her shoulder and underwent surgery.

Attorney Howard Kitay filed suit in San Diego Superior Court. The store maintained it was not responsible for the spilled water. Attorney Kitay deposed numerous store employees and proved the store knew the sprinklers were defective and failed to fix them, creating a dangerous condition for customers. The store ultimately settled the case for $246,000.00.

$230,000

Settlement for Woman Injured by Collapsing Chair at Nail Salon

Attorney Howard Kitay obtained a $230,000 settlement for a woman who was injured at a local nail salon. While visiting the nail salon, the chair in which she was sitting broke, causing Plaintiff to fall to the ground. Plaintiff injured her neck and wrist.

Attorney Howard Kitay filed suit in San Diego Superior Court and proved the store was negligent and that Plaintiff’s injuries were caused by the store’s negligence. Attorney Kitay eventually settled the case for $230,000.00 on the eve of trial.

$220,000

Jury Verdict For East County Man Injured When Car Turns Left in Front of Motorcycle

Attorney Howard Kitay obtained a $220,000.00 jury verdict for a Portrero man who was injured when a car turned left in front of his motorcycle. Mr. Kitay’s client sustained a mild traumatic brain injury and an injured hand.

At trial, Mr. Kitay presented expert testimony demonstrating the motorcycle was not speeding, and that the driver of the car failed to look before turning. After a five day trial, the jury found the defendant was negligent, and rendered a verdict for Mr. Kitay’s client in the sum of $220,000.00.

$175,000

Settlement for Slip and Fall on Spilled Water in East County Store

Attorney Howard Kitay obtained a $175,000.00 settlement for an El Cajon woman who slipped and fell on water while shopping at a local store. Store employees failed to clean up water on the floor, and Plaintiff walked down the aisle, slipped and fell. Plaintiff sustained an aggravation of pre-existing arthritis to her knees. Her medical bills totaled $47,812.62.

Attorney Howard Kitay filed suit in San Diego Superior Court. The store insisted it had no legal notice of the spilled water. Attorney Howard Alan Kitay proved that several employees walked past the water and failed to clean it up, thereby permitting a dangerous condition that injured Plaintiff. The store eventually settled the case for $175,000.00.

$127,000

REAR END AUTO COLLISION SETTLEMENT

Attorney Howard Kitay obtained a $127,000.00 settlement for a 55 year-old San Diego man who was rear-ended while stopped for a red light on an on ramp to Interstate 5. Mr. Kitay’s client sustained $332.00 in property damage to the rear of his 1994 Chevrolet pickup truck.

After physical therapy treatment and finally a surgical procedure called anterior cervical discectomy and fusion; the surgery was successful, and permitted plaintiff to resume a normal life without daily pain. Less than thirty days before trial, attorney Kitay persuaded plaintiff’s health care insurance company to accept $14,000.00 in full payment of the medical bills, which were originally $35,000.00, and negotiated $127,000.00 settlement for his client.

$125,000

SETTLEMENT FOR WOMAN WHO TRIPPED OVER SPEEDBUMP

Attorney Howard Kitay obtained a $125,000.00 settlement for a 75 year-old woman who tripped and fell over an unmarked speedbump while visiting her grandson.

Plaintiff was taken by ambulance to Grossmont Hospital complaining of severe left wrist pain, and was diagnosed with a left wrist fracture. Plaintiff underwent surgery to repair her left wrist and later received physical therapy. Plaintiff incurred medical bills of approximately $30,000.00.

The insurance company for the apartment management company denied the claim, saying the accident was plaintiff’s fault. Attorney Kitay filed a lawsuit in San Diego Superior Court, East County Division and shortly before trial, the insurance company for the apartment management company agreed to settle plaintiff’s claim for $125,000.00.

$100,000

Settlement For Woman Who Slipped and Fell on Wet Grass

Attorney Howard Kitay obtained a $100,000.00 settlement for a 48 year-old woman who slipped and fell on wet grass while visiting a friend’s house. Plaintiff ‘s X-rays revealed a fracture dislocation of the right ankle, which was originally treated by placing it in a splint, and one week later an open reduction internal fixation surgery of plaintiff’s right ankle was performed.

Attorney Howard Kitay filed a lawsuit in San Diego Superior Court, East County Division, and demanded the homeowner’s policy limit, however, the insurance company alleged the accident was plaintiff’s fault and refused to offer any money to settle the claim.

Mr. Kitay prepared for trial, but prior to the proceedings, the case settled and the insurance company paid the $100,000.00 policy limit to plaintiff.

 

 

$100,000

Settlement in Rear-End Crash with Minimal Property Damage

Attorney Howard Kitay obtained a $100,000.00 settlement for a 45 year-old woman who was rear-ended, sustaining $479.73 in property damage to the rear of her 2000 Mazda 626.

She was initially treated by a chiropractor for neck pain and stiffness, lower back pain and stiffness, and numbness in both hands. She eventually underwent spine surgery, with bills totaling $57,769.00.

Attorney Howard Kitay negotiated a medical bill discount, so that plaintif’s medical bills were reduced to $2,750.00, filed a lawsuit in San Diego Superior Court, East County Division, and on the eve of trial, obtained a $100,000.00 settlement for his client.

$100,000

Settlement After Man Bitten by His Own Dog

Attorney Howard Kitay obtained a $100,000.00 settlement for a 41 year-old man who was bitten on the right hand by his own dog. Mr. Kitay’s client was visiting his sister’s house with his dog. A neighbor’s Rottweiler broke through a restraining fence and attacked the dog. Mr. Kitay’s client was standing between the two dogs, and, while trying to separate them, was bitten in the right hand by his own dog. Following the attack, he was treated in the Hospital Emergency Room, and required surgery on his hand.

Howard Kitay filed a claim with the Homeowners Insurance Company of the owner of the Rottweiler. The claim was denied. He then filed a lawsuit in San Diego Superior Court, East County Division, and demanded $100,000.00 to settle the claim. At a court-ordered settlement conference, the judge agreed with Mr. Kitay and recommended the insurance company settle the case before trial. The insurance company refused. On the eve of trial, however, the Homeowner’s Insurance Company agreed to pay the $100,000.00 policy limit to Mr. Kitay’s client.

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275 East Douglas Ave., #111
El Cajon, CA 92020
619.442.0542
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Chula Vista

823 Anchorage Place
Chula Vista, CA 91914
619.754.6854