Confidential

Facts

Plaintiff Jane Doe filed suit against the State of California and a state employee, in connection with an accident, from which plaintiff claimed she sustained injuries.

PLAINTIFF'S CONTENTIONS:
Plaintiff, a triathlete and mother of two, contended a lifeguard truck owned and operated by the State of California ran over her with one of its tires as she was lying face down on a beach towel on a California State Beach.

DEFENDANT'S CONTENTIONS:
Defendant conceded liability for the jaw fracture, but contended that plaintiff's neck injury was pre-existing and that plaintiff's subjective pain complaints were inconsistent and not supported by objective findings. Defendant maintained that no compelling evidence of brain injury existed in brain scans or otherwise.

Damages

Plaintiff's husband claimed loss of consortium.

Injuries

Plaintiff claimed a fractured jaw, herniated disc in her neck, radiating pain down her arm, and a mild traumatic brain injury. Plaintiff claimed her injuries will prevent her from returning to work as an educator and prevent her participating in triathlons and other athletic events.

Result

The case settled for $2,175,000. A portion of the settlement was structured.

Other Information

The parties attended two mediations and settled shortly before trial. FILING DATE: June 20, 2013.