Local San Diegan, who is also a retired Korean War Vet, obtains a One-Million Dollar Policy Limit Settlement: On July 6, 2011, Mr. Irving was walking out of an Avis shuttle bus at Old Town to take the Trolley home. However, when he was let out, he was let out on the wrong place, too close to where the Trolley arms go up and down next to the Trolley tracks. What happened next dramatically changed his life. When he was getting off the Shuttle Bus, the Trolley arm came down on the Avis shuttle bus and lodged between the bus side view mirror.
The Avis bus driver panicked and backed up with the trolley arm still lodged in the mirror. When the trolley arm went back up in the apex position, it broke loose due to the damage caused by the Avis bus driver and came slamming down on top of Mr. Irving's head knocking him to the ground (you can see the actual footage in the testimonial video above). Mark Blane got this case and immediately filed a lawsuit against Avis and the bus driver. Mr. Irving was 83 years-old at the time and this injury was devastating to him. Mark did not know if Mr. Irving would succumb to his injuries so he knew he had to balance filing a lawsuit in order to preserve justice for his client. Under California law, a plaintiff over 70 years of age can request "preference" of the trial date in which the court can order a trial within 120 days of granting the preference motion.
Through litigation, Mark was able to get the Avis bus company to tender it's policy limits of one million dollars prior to trial. He was also able to negotiate the VA (Veteran's Administration) medical lien down to just $15,000.00 for Mr. Irving.
San Diego Superior Court Case No. #37-2011-00097853-CU-PA-CTL
Case Name: R. Irving vs. Sripetch Amarit, Advantage Rent-a-Car, Simply Wheelz, LLC, & The Hertz Corporation
Lead counsel: Mark Blane, Esq.