On the evening of Nov. 22, 2011, plaintiff Autumn McDonough, 13, was crossing within a marked crosswalk on Pacific Coast Highway, at the intersection with Main Street, in Huntington Beach. Before she completed her crossing, the stop light for the cross traffic phased to green. At the same time, Daniel Brenna, who was operating his mother’s Suburban in the far right, number three, lane, continued traveling south on Pacific Coast Highway. He allegedly did not see Autumn attempting to cross the street and struck her. Autumn sustained various facial fractures and to her head. Misti McDonough, acting as Autumn’s guardian ad litem, sued Brenna and the owner of Brenna’s vehicle, Desiree Schunke. Misti McDonough alleged that Brenna was negligent in the operation of the Suburban and that Schunke was negligent for entrusting her vehicle to her son. Plaintiff’s counsel asserted that Brenna was driving unsafely for the conditions at the time. Counsel contended that there was a street fair going on with hundreds of pedestrians in the area, so even though Brenna’s light phased to green, Brenna failed to take reasonable steps to ensure the intersection had been cleared of pedestrian traffic before proceeding into the intersection. Counsel also noted that traffic in the number one and two lanes were not moving, but that Brenna failed to take note of that. Plaintiff’s counsel further contended that Brenna was impaired at the time of the collision, as Brenna told a police officer that he took someone else’s prescription medication earlier that day and as a subsequent blood test revealed THC in his system. Plaintiff’s counsel also asserted that Schunke had negligently entrusted the Suburban to Brenna, as she allegedly knew or should have known that Brenna was an unfit and unsafe driver based on his habitual marijuana use, and history of accidents and traffic violations prior to the collision. Defense counsel contended that Autumn was solely responsible for the collision, as she entered into the crosswalk after the signal for pedestrian traffic had already begun to flash red. Counsel also asserted that even after Autumn had improperly begun crossing, she could have retreated to the center island and waited for the pedestrian signal to change. In addition, counsel noted that the traffic collision report blamed the accident on Autumn. Defense counsel asserted that the adult supervising Autumn and her friend at the time of the accident shared responsibility for the collision by allowing them to cross the roadway when it was unsafe to do so. Counsel further asserted that Brenna passed all of the administered field sobriety tests and that despite the levels of THC found in his system, Brenna was not intoxicated or impaired at the time of the collision., Autumn was struck on her body and head, and knocked to the ground. She sustained several different , including a fractured nose, fractured teeth, and other maxilla facial fractures. She also sustained a traumatic brain injury, which rendered her comatose at the scene. After the accident, Autumn scored a 3/15 on the Glasgow Coma Scale, which is the lowest possible score available. She was subsequently transported to UC Irvine Medical Center, in Orange, where she was in and out of consciousness. Autumn’s facial fractures did not require surgery, but she was hospitalized for 10 days. Various diagnostic tools and imaging studies revealed that Autumn had suffered a moderate to severe traumatic brain injury, which resulted in impaired judgment and executive functioning, memory loss, and various behavioral changes that included depression, anger, and defiance. She was also left with facial scarring. After the collision, Autumn’s grades dropped significantly. As a result, Autumn’s parents and attorneys arranged a full evaluation by the school psychologist, who recommended and implemented a full Individualized Education Plan that allows Autumn various special accommodations and unique learning assistance. Plaintiff’s counsel contended that Autumn will require a lifetime of care to assist her in the activities of daily living. After the defendants’ depositions, Autumn amended her complaint to allege punitive damages. Plaintiff’s counsel contended that at the time of the collision, Brenna was impaired by marijuana and the prescription drugs he had ingested, and that such conduct showed a reckless disregard for Autumn’s safety. Defense counsel moved for summary judgment as to the punitive damages claim, which the court denied.