Trial Magazine

Anne Sholes, 53, was riding her bicycle to work when a Solano County employee operating a box truck struck her from behind in the bicycle lane. Sholes suffered a broken back and a fractured left leg and ankle. She underwent multiple surgeries to repair her back and leg, including placement of hardware, and then required extensive physical therapy, hyperbaric chamber treatments, and acupuncture. Her medical expenses totaled $270,000.

A neurosurgeon earning $400,000 annually, she returned to work as a physician advisor two years after the incident earning $75,000 annually.

Sholes sued the county, alleging respondeat superior liability for its ­driver’s negligence. The defense admitted that the driver was in the course and scope of his employment when he struck Sholes but disputed that she was unable to return to work as a neurosurgeon.

The parties mediated a $14 million settlement.

Citation: Sholes v. Taylor, FCS047838 (Cal. Super. Ct. Solano Cnty. Aug. 31, 2018).

Plaintiff counsel: Gregory Patton and Holly Mosier, both of Lake Forest, Calif.

Plaintiff experts: Carol Hyland, rehabilitation, Lafayette, Calif.; and Kavian Shahi, neurosurgery, Roseville, Calif.

Defense expert: Maureen Miner, rehabilitation, Gilroy, Calif.