Wylie A. Aitken

Top rated Personal Injury attorney in Santa Ana, California

Aitken • Aitken • Cohn
Wylie A. Aitken
Aitken • Aitken • Cohn
714-804-0457
Contact me today

Practice Areas: Personal Injury, Business Litigation, Insurance Coverage; view more

Licensed in California since: 1966

Education: Marquette University Law School

Selected to Super Lawyers: 2004 - 2025

Call today:
714-804-0457

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Aitken • Aitken • Cohn

3 MacArthur Place
Suite 800
Santa Ana, CA 92707 Visit website

One of the country’s leading civil trial attorneys, Wylie A. Aitken is the founder of Aitken Aitken Cohn. His firm is based in Santa Ana, California, and he represents clients in Orange County and throughout the state. Mr. Aitken’s practice is primarily centered on personal injury and wrongful death litigation, but he also has extensive experience in business disputes and insurance coverage matters. He has been admitted to practice in California since 1966, and he is additionally admitted to practice before several federal trial and appellate courts.

Throughout his distinguished career, Mr. Aitken has been able to obtain hundreds of millions of dollars for those of his clients who have been harmed due to the negligence of other parties. His cases in this regard have been grounded on motor vehicle accidents, premises liability, medical malpractice and defective products. Some of Mr. Aitken’s representative results have included an award in excess of $54 million for a client who became a quadriplegic after a government employee ran a red light and broadsided the vehicle in which she was a passenger, and a $20 million negotiated settlement of a premises liability lawsuit on behalf of a youth who incurred a brain injury after falling from playground equipment that had been installed at a fast-food restaurant.

Mr. Aitken’s colleagues have taken note of his successful track record, and as a result, they have bestowed upon him numerous honors and awards. They include an AV Preeminent* peer review rating through Martindale-Hubbell and a 10.0 “Superb” peer review rating through Avvo. In addition, Mr. Aitken has been selected for inclusion in The Best Lawyers in America every year since 1987, and he has been named to The National Trial Lawyers: Top 100 for several years.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

Practice areas

Personal Injury - General: Plaintiff, Business Litigation, Insurance Coverage, Personal Injury - Products: Plaintiff

Focus areas

Animal Bites, Brain Injury, Construction Accident, Insurance, Insurance Defense, Medical Devices, Motor Vehicle Accidents, Motor Vehicle Defects, Non-Compete Agreements, Personal Injury - Plaintiff, Pharmaceutical, Premises Liability - Plaintiff, Slip and Fall, Trucking Accidents, Wrongful Death

  • 50% Personal Injury - General: Plaintiff
  • 30% Business Litigation
  • 10% Insurance Coverage
  • 10% Personal Injury - Products: Plaintiff

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

Office location for Wylie A. Aitken

3 MacArthur Place
Suite 800
Santa Ana, CA 92707

Phone: 714-804-0457

Selections

22 Years Super Lawyers
  • Super Lawyers: 2004 - 2025

Top Lists

Top 50: Orange County Super Lawyers: 2004 - 2020, 2023
Top 100: Southern California Super Lawyers: 2007 - 2016
Top 10: Southern California Super Lawyers: 2007, 2011, 2013 - 2014

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