Facts

Anne Deutsch was walking through a crosswalk at a four-way stop on Gilman Street in San Jose when she was hit by a school bus. The school bus, which was driven by Robin Cummings, made a left turn into the crosswalk. Deutsch, 34, fell down and injured her head. Acting as her guardians, John and Phyllis Deutsch sued Cummings and the Berkeley Unified School District. The lawsuit alleged that Cummings negligently operated a motor vehicle and that the district was vicariously liable.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the defendant was at fault for the accident because the plaintiff had already entered the crosswalk when she was struck. As a result, the defendant violated Vehicle Code Section 21950(a) by failing to yield to a pedestrian in a crosswalk.

DEFENDANT'S CONTENTIONS:
The defense claimed that the bus turned into the intersection before the plaintiff started walking through the crosswalk. The plaintiff should have therefore taken notice of that fact and used care when walking through the crosswalk. Because the plaintiff suddenly entered the intersection as the defendant made the turn, the defendant's view of the crosswalk and the plaintiff must have been blocked by her side view mirror. As a result, the defendant could not have reasonably avoided the plaintiff.

Settlement Discussions

The plaintiff demanded $15 million (C.C.P. 998).

Specials in Evidence

$1.18 million. The plaintiff was employed as an architect prior to the accident. She sought past and future lost earnings in the amount of $2.4 million. The defense challenged this amount. $5.8 million to $8.1 million. The defense challenged this amount.

Damages

The plaintiff's quality of life has been permanently affected due to her injuries. Her counsel therefore sought damages for past and future pain and suffering.

Injuries

The plaintiff suffered from epidural and subdural hematomas to her head that required a lobectomy. She continues to suffer from neurological problems that have rendered her unable to speak, walk or take care of herself. Because she requires 24-hour care, she lives with her parents, who have taken on the responsibility of caring for her.

Result

$12 million mediated settlement. The school district's primary insurer, ASCIP, paid $1 million and its excess coverage insurer, Schools Excess Liability Fund, paid $11 million.