37-year-old Ms. S. was in her car exiting a parking lot of a store when she was suddenly struck by another car. At the time of the collision, the driver of the other car was recklessly speeding and going 60 m.p.h. in a 35 m.p.h. zone. The accident occurred in an ill-designed area that was known by the store and municipality to have the highest accident rate in the city; collisions had previously occurred in that location on a hundred different occasions.

The driver of the other vehicle struck Ms. S.'s car on the driver's side with such force that Ms. S.'s car was thrown 140 feet. As a result of the collision, Ms. S.'s aorta was torn and her skull was separated from her spine.

At the hospital, Ms. S. underwent emergency surgery to repair her torn aorta. She was placed in a metal halo for four months to repair the separation of the space between her spine and skull. Ms. S. was also found to have six broken ribs on her left side which reduced her lung capacity, multiple pelvic fractures, and two broken teeth requiring a root canal and implant.

As a result of the accident, Ms. S. suffered a serious brain injury which caused cognitive deficits -- including lack of attention, inability to perform multiple tasks, and irritability. In addition, her left side of the body was left partially paralyzed and hypertonic (with extreme muscular tension). Ms. S. now requires the use of a cane to walk. She also has muscle weakness in her left arm, and her left hand and fingers are dysfunctional. Ms. S. also injured her right eye -- which now requires the use of thick prism glasses to correct double vision. In order to treat her off-centered right eye, she has had multiple treatments of botox injections and surgery -- and will require future surgery. Ms. S. suffers from extreme fatigue, and is required to rest often. She is in constant pain and has hypersensitivity on her left side -- and requires medication for her pain, nerve spasms, and depression. She suffers from headaches, vertigo, shortness of breath, weakness, and lack of coordination. Sexual intimacy is painful.

Ms. S. is a naturalized citizen from Pakistan, and is the married mother of a three-year-old girl. She is a college graduate with a degree in business and computer sciences. At the time of her accident, she had been employed for 12 years as a software specialist in the construction and yield management industries -- and was recognized as an outstanding employee earning $90,000 a year. Although she had been laid off from her employment three weeks prior to the accident because of the elimination of a project, Ms. S. had planned to do consulting work out of her home or seek employment. A person with her training and experience normally earns an annual salary ranging from $85,000 to $115,000. Because of her injuries sustained in the accident, Ms. S. will be unable to work again.

The estimated wage loss for the last three years is between $120,000 and $250,000. A dispute exists as to the amount of the loss of Ms. S.'s earning capacity. Ms. S. claims that her future lost earnings amount to $2,300,000; the defendants claim that her future lost earnings amount to $500,000.

Ms. S. will require significant future medical expenses and assistance. She requires at-home assistance four to six hours a day, six days a week. She is no longer to drive, except in her neighborhood, and is unable to clean the house or yard, shop or prepare meals. The estimated cost of her future medical expenses and this assistance is $1,700,000. The defendants claim that Ms. S. only needs help one hour a day at the cost of $250,000. Ms. S.'s current medical expenses to date amount to $300,000. Her life expectancy is 42 years.

In this case, liability against the driver, city, and business has been established -- and the only remaining issue is the amount of damages to be awarded.