Facts

One day after his 13th birthday, plaintiff Cade Feitler was traveling as a passenger in a car. The car was broadsided by another car, driven by Peter Infranca. Infranca, a salesman for defendant E. A. Pederson Co., had run a red light on his way to a doctor's appointment. It was his first day back at work following his heart-bypass surgery. Plaintiff filed suit against E. A. Pederson.

PLAINTIFF'S CONTENTIONS:
Plaintiff argued that Infranca was in the course and scope of his employment at the time of the accident. Plaintiff offered evidence that Infranca was on his way to pick up a medical release from his doctor, giving him permission to return to work. Defendant's own "return to work" program for ill employees also specifically required Infranca to keep all medical appointments. Finally, plaintiff contended Infranca required use of his car for his job as a sales manager for defendant, and often worked from his car on his cell phone. Plaintiff claimed a life expectancy of 15 years.

DEFENDANT'S CONTENTIONS:
Infranca admitted he had run the red light. Counsel for Infranca claimed the accident occurred while Infranca was in the course and scope of his employment.

Defendant Pedersen, Infranca's employer, disputed course and scope of employment. He was not picking up a medical release as he already had been returned to work.

Settlement Discussions

Peter Infranca tendered his $100,000 policy. E.A. Pedersen Company offered $4 million, after two mediations. The plaintiff demanded Pedersen's $7 million policy and then reduced the demand to $6.5 million, which expired prior to trial.

Specials in Evidence

Plaintiff receives daily physical therapy and regular speech therapy and acupuncture and multiple other treatments. Plaintiff sought $4.9 million in past medical expenses. Plaintiff sought $2.5 million in lost future earnings. Plaintiff claimed $8 million in future medical expenses.

Damages

Plaintiff requested $10 million for his pain and suffering and other general damages.

Injuries

Plaintiff sustained a fractured skull and traumatic injury to his brain. A year after the accident, despite extensive therapy, he is unable to speak or walk. Also, he requires round-the-clock care.

Result

Plaintiff was awarded approximately $23.4 million, already reduced to its present cash value and payable immediately. Of that, $7 million was for his future medical expenses. Actual breakdown: Past Meds, $4,893,603.86; Future Meds, $7 million; Future LOE, $1.5 million; Past General Damages, $2 million; Future General Damages, $8 million.