Confidential

Facts

On Nov. 3, 2017, plaintiff Jane Doe, 31, was walking down the middle of a dark roadway in Pearblossom, when a school district bus with 11 children on board turned onto the road, traveled approximately 500 feet, and then struck and ran her over causing serious injuries. The accident occurred at approximately 6 a.m. and it was dark outside. The residential street where the accident happened did not have street lights for approximately 1,000 feet, and there were dirt shoulders but no sidewalks.
Plaintiff was walking home from a friend's house at the time of the accident. Plaintiff had a difficult upbringing and went in and out of homelessness, and the medical records revealed that she had a long time alcoholism, heroin and meth problem, including multiple prior overdoses. Plaintiff was found with a heroin syringe in her bra containing a dark substance believed to be heroin.
The traffic collision report placed plaintiff in violation of various vehicle code sections.
The primary defendant was a school district bus agency.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the bus operator was negligent and inattentive and failed to observe a pedestrian on the roadway until she was only 3-10 feet from her. The bus operator failed to activate her bright lights to increase visibility on the dark road that had no street lights.

DEFENDANTS' CONTENTIONS: Defendants denied the contentions. Defendants contended that plaintiff herself was negligent and caused the accident by walking down the middle of a dark roadway, rather than walking on the side of the roadway or on the dirt shoulder, wearing dark clothing, with ear phones in listening to music on her cell phone, in failing to hear the bus approach, and in failing to see the headlights of the bus illuminate her from behind. Defendants also contended that because she was found with a heroin syringe in her bra, that plaintiff was probably under the influence of drugs.

Insurer

Self Insured entity

Settlement Discussions

Plaintiff made a CCP 998 demand for $10 million, which expired. No offers were made until mediation on Dec. 23, 2019. Defendants then offered $1,250,000.

Specials in Evidence

Meds: past Howell Medicals approximately $200,000 Future Meds: approximately $7,000,000 plus present value (disputed)

Injuries

Plaintiff suffered multiple facial fractures, multiple fractured ribs, punctured lung, lacerated liver, crushed pelvis, fractured femur, fractured tibia and fibula, requiring multiple surgeries. Plaintiff suffered neurological, orthopedic, vascular, and gastrointestinal injuries.

Result

The case settled for $5.5 million.