On Aug. 13, 2013, plaintiff Kristin Elliott, 22, a former cheerleader and aspiring actress, was voluntarily performing in a film titled, “Punk Rear Guard,” which was conceived and directed by Kathryn Ferguson and produced by Connect the Dots Inc. Everyone involved in the film, including Elliott, provided their services for free in exchange for a credit on the film, which was to be shown on a fashion website known as ShowStudio.com. The film was supposed to feature a number of dancers dressed as cheerleaders performing a ground-based dance routine. The dancers/cheerleaders were not supposed to perform any stunts, and no precautions were taken for stunts. However, during the rehearsal, and at Ferguson’s request, the choreographer for the film, Claude Racine, asked for volunteers to perform a “basic” stunt. Elliott, an experienced cheerleader, and several others agreed to do the stunt, which featured two cheerleaders holding a third up in the air. While practicing the stunt, Elliott fell and fractured her right elbow. Elliott sued Ferguson; Racine; Connect the Dots Inc.; and two Connect the Dots employees, Meghan Gallagher and Wes Olson. Another Connect the Dots employee, Cassandra Bickman, was later added as a defendant. After Connect the Dots agreed that Bickman, Gallagher and Olson were its employees, Elliott dismissed them from the case. Elliott also dismissed Racine, who was uninsured, prior to trial. In addition, Ferguson, who lives in London, was never served and, just prior to trial, Elliott opted to bifurcate the claim against Ferguson and pursue a several, rather than a joint and several, judgment against Connect the Dots. Elliott claimed that Connect the Dots was negligent for failing to be present to supervise the rehearsal and for failing to stop the stunt. She also claimed that Connect the Dots was negligent for failing to hire proper personnel to assist with the stunt. Connect the Dots’ counsel contended that Elliott assumed the risk of participating in the stunt, that Connect the Dots did nothing to increase the inherent risks in cheerleading/stunting, and that no special safety precautions were required for the stunt. Thus, counsel argued that Connect the Dots should not be held liable, as Elliott assumed the risk for her role in the film. Defense counsel noted that on the morning of closing arguments, the court issued its final rulings regarding jury instructions and the verdict form. At that time, Judge Margaret Oldendorf declined defense counsel’s request to give the jury an assumption of risk instruction or to utilize the assumption of risk verdict form. Instead, the case went to the jury with a straight negligence verdict form, which referred to multiple potential joint tortfeasors for apportionment., Elliott sustained fractures to her right, dominant elbow. Specifically, she fractured the radial head and capitellum, the cartilage-covered part of the end on the humerus, located on the outside of the elbow. Elliott was immediately taken to a hospital and she ultimately underwent a radial head removal. She then had a radial head prosthesis surgically placed weeks later, but it failed. As a result, she necessitated an anconeus interposition arthroplasty a year later, as the capitellar and/or radial head pathology was deemed not amenable to implant replacement. The surgery involved an interposition of the anconeus muscle in the radiocapitellar and/or proximal radioulnar joint to relieve pain and restore elbow function. Elliott claimed that despite her surgeries, she would eventually suffer radial migration, arthritis and lifetime pain. Thus, Elliott sought recovery of $96,973.73 in past medical costs, $611,000 in future medical costs, and an unspecified amount of damages for her past and future pain and suffering. Plaintiff’s counsel ultimately asked the jury to award Elliott $12 million in total damages. The parties stipulated that Elliott’s past medical costs were reasonable, and the jury was made aware of the stipulation and was read aloud the number. However, the jury was allowed to award less than the parties stipulated, if it found that any treatment was unnecessary. Connect the Dots’ counsel disputed the nature and extent of Elliott’s claim for future medical care. Counsel contended that Elliott had an amazing result with her treating orthopedic surgeon, who treats athletes and is also the team physician for the Los Angeles Dodgers. Counsel also contended that Elliott has full range of motion in her right elbow and teaches high impact workout classes for hours daily. Counsel further contended that Elliott has continued with her acting career and still gains roles. In addition, defense counsel contended that the only thing that Elliott cannot do are power tumbling passes with her arms. Thus, defense counsel argued that Elliott has no future limitations and that if the jury does award Elliott damages, it should only be $200,000 for her medical costs.