Wylie A. Aitken Attorney

First Admitted: 1966, California

Professional Webpage: https://www.aitkenlaw.com/attorneys/wylie-aitken/

Bar/Professional Activity:

Kathleen E. Faley Memorial CSUF Special Games, Board Member
Cal State Fullerton Philanthropic Foundation, Board Member (2004 – Present)
Marquette University President’s Council and Advisory Board, Member
Mission San Juan Capistrano Preservation, Member
Orange County Bar Association, Member
American Board of Trial Advocates, Member
American Association for Justice, Member
Chapman University, Trustee
Celtic Bar Association of Orange County, Co-founder
Orange County Trial Lawyers Association, President (1972)
Consumer Attorneys of California, President (1977)
South Coast Repertory Theater Trustee and Board, President
Board of Visitors of Chapman University Law School, Chairman
American Board of Trial Advocates Foundation, President (2010)
California Arts Council, Board Member, 2010 – Present
American Board of Trial Advocates, Board of Directors
Federal Judicial Advisory Committee for the Central Judicial District, Member
California Task Force on Court Facilities, Member
National Board of Trial Advocacy- Founder
Western Trial Lawyers Association- Member
American Board of Trial Advocates- Trustee, National Board Member
American Inns of Court- Member
Consumer Attorneys of California (CAOC)- Past President, Board of Directors
Hispanic Bar Association- Member
Orange County Superior Court- Judge, Pro Tem
American Association of Justice (ATLA) -Sustaining Member
American Board of Trial Advocates, Orange County- Member
California Arts Council- Current President
Federal Judicial Advisory Committee- Appointed by Senators Barbara Boxer and Dianne Feinstein
Orange County Bar Association- Board of Trustees
American Board of Trial Advocates, Foundation- Trustee, President (2010)
Association of Business Trial Lawyers-Board Member
Consumer Attorneys of Los Angeles- Member

Verdicts/Settlements (Case Results):

Gourley v. State Farm, 217 Cal.App.3d 111 (1990)
FEITLER VS PEDERSEN, 4th Civ. G038210 (2008), (One of the Top 10 Verdicts of 2006 according to the Daily Journal). A verdict of $23,500,000 for a 14-year old boy who sustained a traumatic brain injury after defendant ran a red light
Neal v. Farmers Insurance Exchange, 21 Cal.3d 910, 148 Cal.Rptr. 389 (1978)
Boicourt v Amex Assurance Company, 78 Cal.App. 4th 1390 (2000)
Buckett vs DoE. (2009) $20 Million settlement for a 10-year old boy that sustained a brain injury when he fell from playground equipment at a fast food chain restaurant
Gutierrez vs USA, 07-56708 (9th Cir. 2009). (Recognized as the highest individual injury award against federal government). A 9-year old ventilator-dependent quadriplegic girl was awarded over $54 million dollars as a result of a vehicle collision that occurred when a federal employee ran a red light and broadsided the car in which she was riding; 9th Circuit Court Opinion affirming;
TORRES V DISNEYLAND, OCSC Case No.: O4CC10092, wrongful death of 22-year old graphic designer following incident on Big Thunder Mountain and (2000) VUONG V. DISNEYLAND, resulting in implementing substantial changes in California law to ensure the safety of theme parks

Videos:

Wylie explains what goes into an Insurance Bad Faith case., Aitken Aitken Cohn - Insurance Bad Faith, Law, 2019
Wylie Aitken and Megan Demshki nominated for the Consumer Attorney of the Year award for their successful appeal of a complicated motorcycle accident case. The winning case, announced at the CAOC Annual Convention, is awarded to the one that “has significantly advanced the rights of safety of California consumers by achieving a noteworthy result”., CAOC Attorneys of the Year Finalist - Sumrall Case, Law, 2019

Pro bono/Community Service:

Established the Wylie A. Aitken Professor of Law, Race, and Social Justice at Chapman University in efforts to further the school's commitment ot diversity across the student body and faculty., 2021
Project SELF - Mentor and guide aspiring lawyers in high school with a summer internship where they learn from the best in the business., 2021
Ryan’s Reach, 2021
Alzheimer’s Association, 2021
Anti-Defamation League, 2021
Public Law Center, 2021
Laura’s House
9-11-2011 Victim Compensation Fund (Pro Bono)
Aids Foundation
Children’s Hospital of Orange County (CHOC)
Orange County Performing Arts Center
Kathleen E. Faley Memorial CSUF Special Games

Honors/Awards:

Best Lawyers in America, Best Lawyers in America (1987-2021), Best Lawyers in America, Best Lawyers in America, 2021
Martindale-Hubbell AV Rated - Preeminent Peer Review, Martindale-Hubbell AV Rated - Preeminent Peer Review, Martindale-Hubbell, 2021
Southern California Super Lawyer, Super Lawyers (2004-2021), Southern California Super Lawyer, Super Lawyers, 2021
Top 10 Southern California Super Lawyer, Super Lawyers (2011-2020), Top 10 Southern California Super Lawyer, Super Lawyers, 2020
Chapman University honored Wylie Aitken as Chair Emeritus in recognition of his service to the university for the past 20 years and ultimately serving on the Board as its Chair., Chapman Chair Emeritus, Chapman University, 2020
Top 100 Super Lawyers in California, Super Lawyers (2015-2020), Top 100 Super Lawyers in California, Super Lawyers, 2020
Irish Legal 100, Irish Voice Newspaper (2009-2020), Irish Legal 100, Irish Voice Newspaper, 2020
Hispanic Bar Association Lifetime Achievement Award, 2019, Hispanic Bar Association Lifetime Achievement Award, OCHBA, 2019
Robert E. Cartwright Award, Consumer Attorneys of California, Robert E. Cartwright Award, CAOC
Top Gun-Business Trial Lawyer of the Year, Orange County Trial Lawyers Association, Top Gun-Business Trial Lawyer of the Year, Orange County Trial Lawyers Association
Franklin G. West Award, Orange County Bar Association, Franklin G. West Award, OCBA
Top 50 Most Influence Business Leaders in Orange County, OC Business Journal, Top 50 Most Influence Business Leaders in Orange County, OCBJ
OC’s Most Influential Business People, OC Business Journal, OC’s Most Influential Business People, OCBJ
Trial Lawyer of the Year, Hispanic Bar Association of Orange County, Trial Lawyer of the Year, OCHBA
500 Leading Lawyers in America, Law Dragon (2005-2021), 500 Leading Lawyers in America, Law Dragon
Top Gun-Personal Injury, Orange County Trial Lawyers Association, Top Gun - Personal Injury, Orange County Trial Lawyers Association
The Top 100 Lawyers, The National Trial Lawyers, The Top 100 Lawyers, NTLA
OC500, Orange County Business Journal (2016), OC500, OCBJ, 2016
Top Attorneys of the Inland Empire, Inland Empire Magazine (2016), Top Attorneys of the Inland Empire, Inland Empire Magazine, 2016
LawDragon 500’s “Hall of Fame", Southern California Super Lawyer, Law Dragon 500’s “Hall of Fame", Law Dragon, 2016
Top 25 Plaintiffs Lawyers in California, Daily Journal (2015-2016), Top 25 Plaintiffs Lawyers in California, Daily Journal, 2016
Citizen of the Year Award, Chapman University (2014), Citizen of the Year Award, Chapman University, 2014
Father of the Year, American Diabetes Association (2013), Father of the Year, American Diabetes Association, 2013
Attorney of the Year, Orange County Women’s Lawyers Association (2011), Attorney of the Year (OCWLA), Orange County Women’s Lawyers Association, 2011
Orange County Titan Award, CSU Fullerton (2011), Orange County Titan Award, CSU Fullerton, 2011
Rage for Justice Lifetime Achievement Award, Consumer Watchdog (2011), Rage for Justice Lifetime Achievement Award, Consumer Watchdog, 2011
Top Gun Trial Lawyer of the Year, Orange County Trial Lawyers Association (2005), Top Gun Trial Lawyer of the Year, Orange County Trial Lawyers Association, 2005
Lifetime Achievement Award, Marquette University Law School (2004), Lifetime Achievement Award, Marquette University Law School, 2004
Jurisprudence Award, Anti-Defamation League of Orange County (2003), Jurisprudence Award, Anti-Defamation League, 2003
Trial Lawyer of the Year, American Board of Trial Advocates (1998), Trial Lawyer of the Year, American Board of Trial Advocates, 1998
Orange County Bar Association, Pro Bono Publico Service Award, Pro Bono Publico Service Award, OCBA

Educational Background:

Marquette University, 1965

Scholarly Lectures/Writings:

ABTL 38th Annual Seminar, Modern Punitive Damages Post Campbell: Presenting and Proving Punitive Damages, 2011
CAOC 50th Annual Convention, Developing Damages in the Catastrophic Injury Case, 2011
ABOTA Masters in Trial, Cutting Edge Trial Techniques for the 21st Century “In our ‘Invasion of Privacy’ Society” Evidentiary Issues, 2012
CAOC Annual Hawaii Seminar, How I Got Here, The Mistakes I Made, And Why I Want To Be Even Better (Successful Trial Techniques in the New Millennium), 2012
ABTL, Where the Rubber Meets the Road: Presenting Damages to the Jury, 2012
CAOC Annual Hawaii Seminar, Class Actions for Dummies: A Brief Overview of Class Action Suits, 2013
CAOC Annual Convention, Proving Damages: Catastrophic Injuries, 2012
Jefferson’s California Evidence Benchbook, 2000
ABTL 40th Annual Seminar, Duke Tobacco v. Plantastic, 2013
CAOC Annual Conference, What Makes A Great Closing Argument? How To Respond To Your Opponent, 2013
CAOC Annual Conference, Picking a Case Theme-Effectively Communicating Your Message, 2014
CAOC/COIE Palm Springs Seminar, The 5 Things You Need to Know About Presenting Damages: It’s the Amount that Counts! (Setting Aside the “Reptile Mind”), 2016
The Civil Trial Advocacy Series: Closing Arguments, Orange County Bar Association, Techniques and Inspiration for Closing Argument, 2016
CAOC/COIE Palm Springs Seminar, Techniques to Help You Be an Academy Award Nominee for Best Trial Presentation, 2019
HBA Costa Rica, Techniques to Help You Be an Academy Award Nominee for Best Trial Presentation, 2019
Discovery in Products Liability Cases-Back to Basics, Consumer Attorneys of California (CAOC) Forum Magazine, 1998
Overcoming Difficult Issues in Voir Dire to Secure a Winning Verdict — A rejection of the Irish system, 2003

Other Outstanding Achievements:

Ruehle v. California Republican PartyWylie Aitken negotiated a hotly contested $11 million settlement with the California Republican Party on behalf of a father of six from Riverside who was involved in a freeway accident that left him with a devastating spinal cord injury. The plaintiff, Richard Ruehle was traveling on his motorcycle eastbound on the 91 freeway in the City of Anaheim in 2016 when he was violently struck by a paid campaign worker. The defendant, who was an unlicensed driver and was uninsured, worked as a voter data collector for Republican Assemblyman Eric Linder who was running for reelection in the 60th Assembly District. The state GOP was actively involved in Linder’s campaign and its effort to collect information about voters. The settlement ended nearly five years of intense litigation that exposed serious dangers associated with the lax standards of paid political campaign precinct walkers. Through hard-fought litigation, Wylie and the firm’s litigation team revealed a joint enterprise of the statewide political party and a local assembly campaign through their joint data voter collection efforts., 2021
Chair for Central District Federal Appointees by Senator Diane Feinstein., 2021
Tracy Neff, Jake Neff, Michael Mongold, Paul Morgan, Francisco Monzon, Ed Vogel, Justin Becker, Julia Becker, Dan Fischer and Stephanie Fischer v. Dennis Washington, an individual; Arran Point Charters, LTD., a Cayman Islands Corporation; and Does 1- 100In a complicated maritime disaster case, Wylie recently secured a $4 million settlement and formed a $2 million fund on behalf of 10 plaintiffs. On October 26, 2018, Prowler, a 65-foot sportfisher, and Attessa IV, a 332-foot superyacht owned by businessman Dennis Washington, were involved in an open ocean collision on the American side of the U.S.-Mexico maritime border, about 9 miles west of Imperial Beach in San Diego. Sources reveal that the area where both boats collided is relatively busy with boats, as many vessels navigate through this stretch of the Pacific Ocean en route to Mexico. The collision resulted in numerous injuries to those aboard the Prowler and one death. This matter presented complex legal challenges based on the outdated damages restrictions in maritime actions including the Death on the High Seas Act. Wylie Aitken fought a maritime limitation action against the Prowler in federal court and jurisdictional challenges brought by the Attessa IV and Dennis Washington. , 2020
Sumrall v. Modern Alloys, Inc. Wylie Aitken reached a $9 million settlement in a significantly published ruling involving a case that presented another circumstance where the “business errand” exception to the going and coming rule was at issue. An employee of Modern Alloys Inc., who was driving his personal car from his home to Modern Alloys’ yard, struck the plaintiff, Michael Sumrall who was riding his motorcycle and sued the company, alleging that it was vicariously liable for their employee’s actions. In response to Sumrall's complaint, Modern Alloys asserted that the employee was not acting within the scope of his employment under the "going and coming"' rule because he was on his way to the yard at the time of the collision. The trial court granted Modern Alloys' motion for summary judgment, but the Court of Appeal reversed, holding that there is a triable issue of fact as to whether the employee was on a business errand for Modern Alloys' benefit while commuting from his home to the yard – and a "business errand" is an exception to the "going and coming" rule. The case resulted in a published opinion Sumrall v. Modern Alloys, Inc., 10 Cal. App. 5th 961 - Cal: Court of Appeal, 4th Appellate Dist., 3rd Div. 2017, which had, and will continue to have, a significant impact on the law of agency. The ruling also served as a warning to companies that request that their employees make detours for the benefit of the company during their commute. Such requests may ultimately result in imputed liability to the employer for acts of the employee., 2019

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