Facts

Elodia Alvarez was walking in a crosswalk and she was struck by a school bus. As a result, Elodia and her husband, Victor Alvarez, filed a lawsuit against Kristina Kady, and Kady's employer, the owner of the bus, Hemet Unified School District.

PLAINTIFFS' CONTENTIONS: Elodia contended that Kady was negligent in the operation of the bus and that the school district was liable for the actions of its employees. Alvarez contended she suffered significant brain trauma, and other injuries to her face and body. Victor, on the other hand, contended that he had to quit his job to care for his wife. Victor sued for loss of consortium.

DEFENDANT'S CONTENTIONS: The school district admitted fault. However, contended that Alvarez did not suffer a traumatic brain injury.

Settlement Discussions

Plaintiff made a CCP Section 998 demand for $2.5 million. Defendant made an offer for $800,000.

Damages

Alvarez sought approximately $40 million, which included over $3 million for Alvarez's life care plan, and $37 million for Alvarez's future economic losses and future life care needs.

Result

Kady was dismissed prior to trial. The jury returned a verdict for the Alvarezes and found that Kady's negligence was a substantial factor in causing Elodia harm. The jury awarded the Alvarezes damages in the amount of $3,525,000, including $3.5 million for Elodia Alvarez and $25,000 for Victor Alvarez.