Facts

Plaintiff Kimberly Brickell was a lifelong long-distance runner who had run marathons all her life. In the pre-dawn hours of Oct. 27, 2018, she was training for another marathon when defendant Joseph Medeiros, driving with his headlights off and without his required eyeglasses, ran Brickell over. Her body went onto the hood of the car, her head struck the windshield, and she was then projected into a neighbor's driveway where she lay bleeding until taken to a nearby hospital.

PLAINTIFF'S CONTENTIONS: Plaintiff contended defendant was negligent in his driving, and that the negligence caused her orthopedic injuries and chronic migraines.

DEFENDANT'S CONTENTIONS: Defendant disputed liability until the eve of trial. Defendant then disputed the cause and extent of plaintiff's injuries.

Defendant contended that Brickell's hip replacement was caused by her years of running, as well as by a fall when she attempted to return to jogging. They also contended her migraines were caused by a fall suffered a year before the subject incident in which she struck her head on the ground.

Defendant's accident reconstructionist and a running expert opined that Brickell was too far into the roadway, despite the absence of any sidewalks for pedestrians.

Insurer

Aspire

Settlement Discussions

Plaintiff issued a CCP 998 settlement offer of $400,000, which was rejected.

Specials in Evidence

Meds: $45,000 Future Meds: $282,000

Damages

Past general damages: $2,550,000; future general damages: $2,600,000;

Injuries

Plaintiff suffered mild traumatic brain injury causing migraines, severe thigh hematoma/interior degloving, meniscus tear lacerations and abrasions to her head, face, and body, and was diagnosed with orthopedic injuries to her hip, knee and ankle. She eventually needed a hip replacement, which ended her ability to run at all. The incident also triggered chronic migraines that continue to be treated every three months with Botox injections by a neurologist.

Result

Verdict for plaintiff for $5,433,000.

Deliberation

two hours

Poll

12-0

Length

three days