On Nov. 24, 2007, at approximately 5 p.m., plaintiff’s decedent Marlene Resendiz, 17, a student, was walking along a public street in Escondido when she attempted to cross an intersection in an unmarked crosswalk at East Grand Avenue and was struck by a vehicle operated by Tiffany St. Ives, who was traveling north on East Grand Avenue. Marlene sustained fatal from the accident. The decedent’s mother, Teresa Cuevas, sued St. Ives, Jose Rosales, and The Purple Cow and Friends. Cuevas alleged that St. Ives was negligent in the operation of her vehicle, causing Marlene’s wrongful death. She also alleged originally alleged that Rosales and Purple Cow were vicariously liable for Cuevas’ actions. However, Rosales and Purple Cow were ultimately dismissed from the case prior to trial. Cuevas claimed that her daughter was legally crossing Grand Avenue in an unmarked crosswalk when a vehicle traveling in the left, northbound lane stopped to allow her to cross. Thus, she claimed the collision occurred when Marlene stepped into the right lane, in front of St Ives’ approaching vehicle, and was struck. Cuevas’ counsel contended that St. Ives was driving while intoxicated, resulting in inattentiveness and speeding, which caused the accident and the decedent’s wrongful death. Counsel further contended that St. Ives left the scene of the accident, evidencing her liability and intoxication, and that St. Ives was later convicted of a felony for leaving the scene of an injury accident. St. Ives claimed that the decedent was at fault for crossing East Grand Avenue in an unmarked crosswalk and for stepping into the right lane when it was unsafe to do so. She also claimed that the decedent should have known she was not visible to approaching vehicles since it was dusk and that the decedent had a duty to check for oncoming traffic at the subject T-intersection. St. Ives further claimed that her fleeing the scene of the accident was a subsequent act of panic, with no bearing on who actually caused the accident., Marlene sustained multiple blunt force from the impact and died. She was 17. Thus, Marlene’s mother sought recovery of $5 million in non-economic wrongful death damages and roughly $8,000 in funeral and burial costs.