The plaintiff, a cyclist with significant pre-existing psychological and cognitive vulnerabilities, was struck by a police cruiser while riding through a pedestrian crosswalk at night.
The court apportioned liability 60% to the defendant police officer and 40% to the plaintiff.
Applying the thin skull rule, the court found the collision exacerbated the plaintiff's pre-existing conditions and caused a mild traumatic brain injury, rendering him completely disabled and requiring 24/7 attendant care.
Total damages were assessed at over $5.2 million, reduced to $3,131,370 after accounting for contributory negligence.
