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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Attorney Howard Kitay obtained a $100,000.00 settlement for a 52 year-old woman who was rear-ended while traveling east on Broadway, in El Cajon, California. Plaintiff sustained $713.85 in property damage to the rear of her 1998 Toyota Corolla.
Following the collision, the plaintiff complained of neck pain. She was treated and released. Later, when the pain persisted, she was prescribed physical therapy and eventually underwent an consulted an MRI. The MRI revealed a herniated disc in plaintiff’s neck. The orthopedic surgeon opined that plaintiff may require surgery in the future.
Defendant’s insurance company, Safeco, originally offered $2,500.00 to settle the claim. The $2,500.00 settlement offer was rejected and less than thirty days before trial, attorney Howard Kitay negotiated a $100,000.00 settlement for his client.