On Sept. 6, 2008, at around 8:50 a.m., plaintiff Shelley Brown, 42, a surgical nurse, was riding her bicycle in Escondido, behind Ronald Voigt, a member of her bicycle group, when the Litespeed HP Carbon Enhanced carbon fiber front fork of Voigt’s bicycle failed. After Voigt fell, Brown was unable to avoid him and crashed on Country Club Lane at the intersection with Eveningside Glen. Brown suffered multiple to her face, shoulders, knees and spine. The fork that failed was a LiteTEC HP Titanium Enhanced carbon fiber front fork that was developed by American Bicycle Group, LLC and manufactured by Martec Industrial Corp. Brown contended that the fork was negligently and defectively designed, manufactured and marketed. As such, She sued Voigt; Martec Industrial Corp.; Marshall Industries Corp.; American Bicycle Group, LLC; the retailer of the fork, Nytro Multisport Technology Inc.; and subsidiaries of American Bicycle, Real Design and Litespeed USA. Voigt was dismissed from the case through a successful motion for summary judgment based on the primary assumption of the risk doctrine. Voigt settled his own claim with American Bicycle Group, Martec, and Nytro, resulting in a dismissal of that consolidated action. The American Bicycle subsidiaries were also dismissed at the onset of Brown’s case, while Martec and Nytro settled with Brown prior to trial. Thus, the matter continued against American Bicycle only on the products liability theories of design and manufacturing defects. Brown voluntarily dismissed her prior causes of action for negligence and breach of warranties. At trial, Brown’s counsel contended that the radius of the trailing edge of the fork on Voigt’s bicycle was too tight to allow for proper manufacturing, which resulted in unavoidable manufacturing defects in Martec’s manufacturing of the forks. Brown’s experts testified that a manufacturing defect in the right and left legs of the fork compromised its integrity and caused the accident. According to plaintiff’s counsel, American Bicycle’s materials expert admitted that the subject forks contained manufacturing defects in both the right and left blades. American Bicycle’s counsel contended that the fork was not defective and that it failed due to undetermined or unknown debris striking the rear of the left fork leg, which compromised the fork’s integrity, as confirmed by American Bicycle’s experts. Counsel also noted that Brown had given a statement to the police that prior to the accident, she was “drafting” by riding closely behind Voigt in order to receive an aerodynamic benefit and save energy. Thus, American Bicycle’s counsel argued that, regardless of what caused the fork to fail, Brown’s involvement in the accident was a result of her drafting., Brown sustained a head injury, including possible loss of consciousness, multiple abrasions and facial lacerations, and a thoracic spine fracture at T7. She was subsequently transported via ambulance and admitted to a hospital for four days. Brown underwent surgery in the emergency room to repair her facial lacerations. She also claimed she sustained a minor traumatic brain injury from the accident, which resulted in post-concussive syndrome and post-traumatic stress disorder. Following discharge from the hospital, Brown had residual scarring and asphalt tattooing on her chin, left eye and left cheek. She also has depigmentation to her left cheek and left shoulder, and scarring on both knees. Due to her back injury, Brown was unable to return to work for two weeks. She then returned to full-time work with four weeks of modified duty and lifting restrictions. Brown ultimately returned to work without restriction, but claimed an inability to perform overtime work or work around the home. Thus, Brown sought recovery of $1,835,000 in damages for all losses she suffered as a result of the accident. Specifically, the damages she sought included $50,000 for past medical expenses, $26,000 for past lost earnings and $26,000 for past household expenses. She also sought recovery of $6,900 per year, or in the range of $243,000, for future medical expenses, including cortisone injections, doctor’s visits, physical therapy, MRIs, gym memberships and massages, as well as future lost earnings in the range of $349,000 until the age of 70 or $284,000 until the age of 60, and future losses associated with household services in the amount of $139,000. In addition, she sought recovery of $500,000 for past pain and suffering and $500,000 for future pain and suffering. Defense counsel noted that it was not disputed that Brown could benefit from further reconstructive surgery to minimize the appearance of the facial scarring and tattooing. However, counsel disputed the extent of Brown’s damages and nature of her alleged residual problems. American Bicycle’s experts calculated Brown’s past loss of earnings at $4,500, past household services at $6,400, future medical expenses at $5,000, future household services at $32,000, and nothing for her future loss of earnings.