Facts

In December 2001, plaintiff Jane Doe was a passenger in a vehicle. The car went through an open gate and entered the parking lot of defendant Unnamed Retail Store. When the car fell into a drainage ditch, its airbags deployed. The ditch was three feet deep. The airbag struck plaintiff, and she sued Gary Morris (the general contractor working on the premises) and the premises owner and retail generator for negligent maintenance of the premises. Defendant Unnamed Retail Store field a cross-complaint against defendant Garry Morris d/b/a Advance Construction.

PLAINTIFF'S CONTENTIONS:
The drainage ditch was hidden. Car stops that were placed to prevent vehicles from moving toward the ditch had been removed. Further, the parking stripes had been covered when the incident occurred. The gate should also not have been open because the lot was in a dangerous condition. Moreover, drivers should have been warned of the ditch via hazard cones or barricades.

DEFENDANTS' CONTENTIONS:
Defendant Morris was liable for any negligence because he failed to make the ditch safe. Defendant Morris argued that he informed defendant Unnamed Retail Store that the gate was to be shut at all times. Further, plaintiff was driving at an unsafe rate of speed when it entered the ditch.

Settlement Discussions

Defendant Morris' last pre-trial offer was $50,000. Plaintiff's pre-trial demand under C.C.P. 998 was $1 million on Feb. 17, 2005. Prior to trial, plaintiff settled with defendant wood supplier and premises owner for their $1 million policy limits with the understanding that plaintiff would be entitled to 75 percent of their express/equitable indemnity recovery against defendant Morris, if any, and that defendants wood supplier and premises owner would be entitled to 25 percent of plaintiff's recovery against defendant Morris, if any.

Specials in Evidence

Plaintiff claimed $44,217. Plaintiff claimed $105,007. Plaintiff claimed $852,128 in future lost earnings. Plaintiff claimed $465,118.

Damages

Plaintiff sought an unspecified sum for pain and suffering.

Injuries

Plaintiff claimed she suffered from a mild traumatic brain injury from the force of the air bag. As a result, plaintiff experienced migraine headaches, memory problems, fatigue and decreased concentration. Plaintiff also asserted that she could no longer pursue her career goal of becoming an architect. Defendant argued that plaintiff's injuries were not cognitive in nature, but rather caused by a psychiatric reaction developed as a result of the accident. Accordingly, defendant contended that a headache specialist and psychiatrist could cure plaintiff's injuries.

Result

Plaintiff settled with defendant Unnamed Retail Store for $1 million prior to the trial. Under the settlement agreement, defendant Unnamed Retail Store would recover 25 percent of the verdict awarded against defendant Morris. The jury found defendant Morris to be 85 percent liable and defendant Unnamed Retail Store 15 percent liable. Defendant owner was not found liable. Plaintiff was awarded $4,057,562.

Deliberation

seven days

Poll

11-1 (on liability); 9-3 (on damages)

Length

three months