Law Offices of Alan L. Pitcaithley

SERVING SAN DIEGO COUNTY AND IT’S SURROUNDING AREA

Past Verdicts & Settlements

Set out below is a select number of past verdicts and settlements achieved by Mr. Pitcaithley and his associates and referral partners, for his Plaintiff “injury-victim” clients resulting from various automobile / motorcycle / pedestrian – passenger involved collisions, and so-called premise liability cases (due to dangerous conditions on property_.  Also included are some verdicts achieved in several investment and inheritance fraud cases where achieving success can be particularly difficult. These settlements and verdicts total over $36 Million Dollars.

MOTOR VEHICLE COLLISIONS – WRONGFUL DEATH – AUTO VS. MOTORCYCLE – AUTO VS. BICYCLE RIDER – AUTO VS. PEDESTRIAN

  • Retired 65-year-old male brick mason involved in moderate-speed head-on auto collision in Bay Park resulting in cervical spine C5-6, C6-7 disc/vertebral segment fractures requiring cervical spine fusion surgery. Result: $850,000.00 recovery.
  • Retired 64-year-old real estate broker, suffered whiplash injury in failure to yield auto collision in Pacific Beach resulting in aggravation/injury of severe pre-existing neck and low back osteoarthritis requiring  lumbar fusion surgery. Result: $245,000.00 recovery.
  • Retired 61-year-old female school-teacher, involved in broadside auto collision in El Cajon intersection suffers herniated cervical disc requiring surgical fusion. Result: $230,000.00 recovery
  • Retired 65-year-old investor, with pre-existing lumbar fusions involved in low-speed T-bone collision in Mission Valley resulting in neck, mid and low back whiplash injuries. Result: $186,000.00 recovery.
  • 25-year-old male Uber Eats delivery driver suffers lumbar disc injury with annular tearing when his vehicle is struck head-on (front corner to front corner) in Kearny Mesa after 21-year-old female driver runs an intersection red light.  No surgical intervention required.  Result:  $160,000.00 recovery.
  • Young married couple miraculously survives highway head-on auto collision in the Central Valley suffering only mild neck and back whiplash injuries, however, both suffer from extreme emotional distress and PTSD. Result: $135,300.00 combined recovery.
  • 47-year-old female dental receptionist suffers multiple “soft tissue” injuries and post-concussion (MTBI) symptoms in collision roll-over avoiding more serious injury but suffering severe mental distress and PTSD.  Result:  Policy limit recovery with additional sums paid from negligent driver’s own pocket $118,000.00 recovery.
  • 28-year-old female suffers right wrist fracture requiring surgery as a result of low-speed side-impact automobile collision with negligent driver.  Result: $115,000.00 recovery.
  • 20-year-old motorcycle rider sustains serious injuries consisting of comminuted fracture of his right femur; and a fracture of his right mandible, when the motorcycle he was riding at a speed of approximately 40 m.p.h. was struck in T-bone fashion by a much heavier Dune Buggy traveling at about the same speed while recreating off-road in the Gordon Wells State Park in east San Diego County.  Result:  $107,000 policy limits recovery.  Mr. Pitcaithley was also able to negotiate a $92,000 federal Tricare lien down to the sum of $2,000 as part of the settlement.
  • 38 year-old waitress and mother of three children was seriously injured when the defendant operator of a high-powered 2006 Sand Rail Dune Buggy (who did not see the mother helping her son into the rear seat of the Dune Buggy) caused the vehicle’s right rear tire to “trap”, “pull down”, and run over her right leg as the Dune Buggy’s operator sped away from a stopped position.  As a result of this negligence, the waitress suffered a severe dislocation of her right hip; a full grade tear of the left knee MCL; severe physical pain and mental suffering, bruising, contusions, sprains and strains in her low back, neck, shoulders, legs, and ankles.  She also suffered from long term post-traumatic stress.  This injured young lady had to be life flighted from the desert to an Arizona hospital emergency room where she underwent surgery/hip relocation and was hospitalized for days.  Unfortunately, in this $500,000 case, the only insurance available was a $100,000 liability policy and a med-pay policy.  Result: $105,000 recovery.  Mr. Pitcaithley was able to get a substantial reduction on his client’s Medi-Cal reimbursement lien.
  • 62-year-old male struck by negligent driver while operating his motorcycle in El Cajon intersection suffers a severe injury to his lower legs, ankles and feet. Result: $100,000.00 policy limits recovery.
  • Two vehicle freeway exit ramp collision resulting in wrongful death of 21-year-old female driver. Result: $100,000.00 recovery (policy limits).  Another unfortunate result due to the lack of insurance and deep pocket.
  • 22-year-old female waitress in San Diego suffers whiplash trauma and post-concussion trauma, including anxiety, in moderate speed rear-end collision. Result:  $100,000 recovery including third party policy limits recovery and first party underinsured motorist coverage recovery.
  • Retired 62-year-old male suffers a severe whiplash injury to his neck and low back in illegal -U- turn T-bone collision in Santee. Result: $100,000.00 recovery (policy limits)
  • Retired 64-year-old male, struck broadside in his vehicle by garbage truck in East County intersection resulting in wrongful death. Result: $150,000.00 (policy limits)
  • 48-year-old female employed at elder care facility suffers disc herniation and cord compression in cervical spine when her automobile is rear-ended on eastbound 78 freeway in North San Diego County. Result: Policy limits $100,000.00
  • 27-year-old female casino security worker, whose vehicle was T-boned by negligent driver in controlled intersection, suffers multiple displaced factures to her index finger; her middle and ring finger; and her little finger (collectively “metacarpal fractures”) resulting in open reduction and internal fixation surgery. Result: $100,000.00 policy limits recovery
  • 64-year-old female suffers serious life-threatening injuries when she is involved in high-speed head-on collision in East County with uninsured driver who crosses over double yellow line into approaching traffic.  Result:  $100,000.00 recovery on uninsured motorist coverage in injured party’s own auto policy.  Attorney reduced contingency fees to 10% as part of the settlement.
  • 82-year-old former receptionist at “Weight Watchers” injured in T-bone auto collision by drunk/negligent driver coming out of parking lot driveway suffers severe whiplash injury superimposed on preexisting cervical and lumbar spine stenosis causing severe muscle and ligament strains/sprains and chronic pain. Result:  $100,000.00 policy limits recovery
  • Male, age 50, involved in rear-end auto collision in San Diego with resulting cervical herniated disc treated without surgery. Result: $85,000.00
  • Male, 48-year-old carpenter involved in three-vehicle rear-end auto collision resulting in whiplash injury to his low back with significant past wage loss. Result: $85,000.00 recovery
  • Female, age 55, involved in rear-end freeway auto collision with uninsured driver suffers whiplash injury to her cervical spine. Result: $85,000.00 recovery under her own Uninsured Motorist Policy.
  • Male, age 48, involved in T-bone auto collision suffers whiplash neck injury and tinnitus (ringing in the ears – hearing disruption). Result: $60,000.00 recovery
  • Male, age 22, back seat passenger not wearing seat belt, involved in head-on auto collision suffers whiplash neck injury and concussion: Result: $62,500.00 recovery.
  • Male, age 45, suffers neck, back, shoulder, and facial soft tissue injuries when he is struck on his bicycle in La Jolla by a negligent driver. Result: $50,000.00 recovery.
  • Female, age 60, involved in low-speed head-on collision sustains whiplash injury to her neck and low back. Result: $50,000.00 recovery.
  • Elder San Diego married couple involved in minor rear-end collision in El Cajon resulting in whiplash injuries superimposed on couple’s pre-existing neck and back conditions.  Result: $61,000.00 joint recovery
  • Female, age 66, suffers blunt force trauma from safety belt as passenger in broadside collision in Lakeside, suffers ruptured spleen. Result: $65,000.00 third party policy limits including first party Underinsured Motorist coverage.
  • 74-year-old male insurance salesman involved as driver in car number two of five car collision rear-ender on College Avenue, suffers whiplash injuries including an aggravation of pre-existing lumbar spine degenerative disk disease. Result:  $60,000.00 recovery.
  • Female, age 28, suffers whiplash injuries to her neck and back in rear-end auto collision in Mission Valley. Result: $54,300.00
  • Female motorcycle riders, ages 39 and 42, struck by automobile knocking them to the ground in College Area with both suffering non-displaced fractures to the collarbone. Result: Policy limits recovery of $25,000 each for total of $50,000.00.  Very unfortunate “underinsured motorist” case as the two claims easily had a value more than $500,000.00.
  • Female sisters, ages 18 and 21, sustain mild whiplash injuries when rear-ended by drunk driver on freeway in Los Angeles. Result: $51,000.00 combined recovery.
  • 67-year-old female retired female Walmart salesclerk suffers cervical and lumber spine whiplash injuries in rear-end auto collision while stopped at freeway on-ramp aggravating multiple serious pre-existing osteoarthritic  medical conditions.  Result:  $50,000.00 recovery.
  • Male, age 21, suffers closed head injury (concussion) and whiplash injury to neck in T-bone auto collision at controlled intersection in San Diego. Result: $48,500.00.
  • Male, age 43, suffers whiplash injuries to neck and back in rear-end auto collision in San Diego. Result: $52,000.00 recovery.
  • Female minor, age 15, suffers bruises and contusions, and left ankle non-displaced fracture (casted without surgery) when, while walking near the sidewalk, she is struck by a slow-moving vehicle. Result: $35,590.00 recovery.
  • 76-year-old female retired home warranty company administrator was struck as a pedestrian in cross-walk by slow-moving vehicle suffering minor cuts and bruises and minor whiplash injuries. Result: $32,000.00 recovery.
  • Multiple other whiplash neck and low back injury automobile collisions, skateboard injuries, and bicycle injury cases resulting in recoveries ranging from $10,000.00 to $40,000.00.

PREMISES LIABILITY ACTIONS – DANGEROUS CONDITION OF PROPERTY - TRIP / SLIP / FALL / DOG BITE

  • 75-year-old female bakery worker suffers multiple spinal cord injuries resulting in paralysis from the chest down when a 5,000-pound Oak tree limb (hanging over the highway) with fire damage and pathogen rot falls from the tree and strikes worker as she is driving her Harley-Davidson motorcycle home from work and passing under the tree. This claim was made against the California Department of Transportation and was a government tort claim case.  Result:  Jury Verdict$14,600,000.00.  [This verdict was achieved by trial lawyer Brett Schreiber with Singleton-Schreiber pursuant to a referral partnership with Atty. Pitcaithley].
  • San Diego State College student, age 20, suffers catastrophic injury to right leg when aged, cracked, and defective block wall (no rebar) surrounding the back yard in residential home collapses on student tenant when student tenant jumps on the wall.  Result:  Jury Verdict: $6,273,495.00 reduced by the comparative fault of plaintiff.  [This verdict was achieved by trial lawyer Jude Basile, Esq. pursuant to a referral partnership with Atty. Pitcaithley]
  • 39-year-old female office administrator suffers a severe complex ankle/foot fracture when her left foot becomes trapped in an obscured and uncovered 6” irrigation drainpipe while crossing through a landscaped part of the common area of her apartment complex.  Landlord failed to maintain the premises, by trimming around the drain, exposing the drain and covering the drain. The opposing medical experts agreed the diagnosis included complex regional pain syndrome, a lifelong pain disorder.  Result:  $3,250,000.00 mediated settlement with Mediator, Hon. Leo Papas, Judge Ret’d.  [This settlement was achieved in part due to the consulting mediation work of Atty. Pitcaithley working in association with Atty. Ed Langholz, who was the prosecuting attorney of record for the injured plaintiff.]
  • Female, age 30, falls from unprotected stage during a job fair in Mission Valley (Scottish Rite Center) and sustains a fractured ankle with resulting lifelong chronic pain (Complex Regional Pain Syndrome). Result: $1,100,000.00 structured settlement at time of trial.
  • 38 Buyers of homes in new housing development in Murietta sue for construction defects, water intrusion and mold damage resulting in significant diminution in value and costs of repairs. Result: $2,750,000.00 settlement recovery in representative construction defect action prosecuted by Pitcaithley & Hobbs.
  • 52-year-old North San Diego County construction worker attending family re-union thrown from ATV when “invisible” wire fence strung across and blocking ATV path by horse owner intending to corral horses on property of his Utah “Dude Ranch”  – resulting in comminuted fracture of collarbone (requiring surgery), broken ribs, traumatic brain injury, PTSD, and internal injuries. Result:  Policy Limit recovery $500,000.00.
  • Male, age 38, mechanic in frozen pizza making plant suffers burn injury to left lower leg in poorly designed and operated boiler room with resulting chronic lifetime pain (complex regional pain syndrome). Result: $400,000.00 recovery with ongoing medical bills paid via workers compensation.
  • Elder female, age 75, trips/falls over carton in supermarket aisle in Orange County, sustaining serious cervical spine disc injury with nerve root compression requiring injection therapy. Result: $210,000.00 recovery.
  • 64-year-old female real estate broker attacked and knocked down by 50-pound Sheppard-Hound dog owned by seller and under care of selling real estate agent during home inspection in El Cajon; broker suffers fractured femur with open reduction surgery to repair: Result:  Policy limits settlement recovery on dog owner of $100,000 and further recovery from seller’s real estate agents of $40,000.00 for a total $140,000.00 recovery.
  • Elder female, age 70, living in senior housing apartment complex falls over unfinished carpet repair injuring hip / knee. Result: $50,000.00 (Policy Limits) recovery.
  • 32 Buyers of homes in new housing development in Murietta sue for construction defects, water intrusion and mold damage. Result: $1,200,000.00 settlement recovery in representative construction defect action prosecuted by Pitcaithley & Hobbs.
  • 32-year-old female food server at Costco suffers a trimalleolar fracture to her right ankle requiring open reduction with internal fixation surgery when she catches her foot in hole in defective and poorly lit stairs in her apartment building in Chula Vista.  Result:  $200,000.00 recovery.
  • 29-year-old female interior decorator falls on stairway with no handrail in San Francisco apartment and suffers herniated disc requiring surgery (property owner uninsured): Result: $80,000.00 recovery from property owner (Chinese Nationals)
  • 48-year-old male carpenter on charter fishing boat in Oceanside injured when defective railing gives way on charter fishing boat resulting in nasty fall aggravating pre-existing neck fusion surgery. Result:   $55,000.00 recovery
  • 49-year-old male Retail Shop keeper sustains fire loss (loss of sales and loss of inventory) due to electrical short in substandard and “out-of-code” electrical box.  Result: $60,000.00 recovery
  • Husband and wife vacation/ocean front condominium owners in Pacific/Mission Beach suffer significant water intrusion loss due to failure of homeowners association (and officers and directors of Association) to make repairs and maintain property with knowledge of ongoing water leaks and water intrusion. Result: $ 110,000.00 recovery.
  • 82-year-old female retired social worker suffers extreme bruising to hip/leg, cervical whiplash, and persistent physical and mental pain and suffering as a result of tripping and falling over packaging debris left in shopping aisle of Walmart Superstore in Orange County. Result:  $40,000.00 recovery.
  • 50-year-old female hospital worker attacked, bitten and knocked down by unleashed dog while hiking in the mountains in Alpine suffering neck and back injuries and minor dog bite wound to right leg. Result: $40,000.00 settlement recovery.
  • Multiple dog and animal attack cases with recoveries ranging between $17,000.00 and $240,000.00.
  • Female, age 40, customer in pet store, suffers bacterial infection resulting from cat bite wound in the store. Result: $33,500.00 recovery
  • Multiple other less serious injury claims resulting from trip / fall / defective conditions on property / poor lighting / poor design -layout / poor maintenance / slippery surfaces / overwatering / failed flooring / carpeting / mold contamination / property damage claims between $40,000.00 and $20,000.00.

FRAUD, BREACH OF FIDUCIARY DUTY, CIVIL THEFT AND MISAPPROPRIATION CASES

  • Inheritance Fraud – the “Black-Widow” Case

    Three adult daughters sued the 60-year-old female paramour and “bride” of their father who, they claimed, deceived their father [who was dying of mesothelioma (lung cancer) at the time and who was the beneficiary of a toxic tort award resulting from a collateral toxic tort action] into marrying her. The daughters alleged the marriage was fraudulently induced by the defendant “Black Widow” bride whose real intent was to possess a widow’s share of their father’s toxic tort award. The daughter’s father passed away from the cancer a very short time after the ”marriage”.  After an emotional five-day bench trial in 2002, the three daughters prevailed in their inheritance fraud / declaratory relief claims.  Result:  The court held the Black Widow “bride” was no longer entitled to any part of the remaining $925,000 toxic tort compensation which was confirmed as belonging to the three daughters.   

  • Investment Fraud
    In this case, beginning in 2004, and later in 2008, two investors were induced to invest money  for shares of stock in an “inflatable greenhouse” scheme wherein the inventor husband and his holistic chiropractor wife promoted the manufacturing and sale of a “new age ‘inflatable’ greenhouses” where the greenhouse – consisting of a special transparent cloth/plastic material (manufactured in China) was held aloft by pumped-in air thus creating a closed environment where plants and heirloom vegetables could grow more vigorously in a controlled climate with less water and without the need for any pesticides.  Approximately 40 investors bought stock in the collective sum of approximately $1.5M dollars. Husband and wife promised the investors they would provide all necessary business accounting documents including income and expense statements, profit and loss statements and other generally accepted accounting documents.  Over a period of 12 years, the husband-and-wife promoters of the inflatable greenhouse scheme failed to provide its’s investors with any business financial statements including profit and loss and income and expense statements.  The promoters failed to file tax returns.  The promoters paid themselves, but no money was ever returned to any of the investors.  Mr. Pitcaithley represented two investors in a lawsuit filed in 2019.  Over the course of 14 months the defendant promoters consistently failed to answer discovery and engaged in bad faith litigation tactics.  Result:  In October 2020, the court entered fraud judgments against the promoters in the amount of $219,500.00 which included past investment losses, attorney fees and prevailing party costs.  Post judgment collection is ongoing.

If you are looking for an experienced attorney who will give personal attention to the circumstances of your injury and who will understand how your injury has adversely impacted your life, contact Alan L. Pitcaithley. Our offices are open Monday through Friday, from 8 a.m. to 5 p.m. Attorney Pitcaithley will be there for you anytime, weekends included.

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