On Jan. 23, 2012, at approximately 5 p.m., plaintiff Doni Bird, 69, a community college professor at Santa Rosa Junior College, was on her way home from work when she stopped for a red light on Highway 12, in Santa Rosa, and was rear-ended by a vehicle operated by Donald Dodson. Bird claimed the impact caused to her head, nose, face, neck and back. Dodson was arrested at the scene for intoxication. He ultimately pleaded no contest to Driving Under the Influence. Bird sued Dodson, alleging the defendant was negligent in the operation of his vehicle. Bird subsequently brought claims of general negligence, negligence per se, and gross negligence. Dodson admitted liability for the accident., Dodson hit Bird’s vehicle at approximately 50 mph, crushing the back of Bird’s vehicle. As a result, Bird’s seat broke as she went backward and then forward into the steering wheel. She subsequently struck her head, causing a fractured nose and other physical . Bird was taken by ambulance to an emergency room, where she was diagnosed with blunt-force trauma to her head, resulting in a traumatic brain injury that included a concussion. She was treated at the hospital for her nose fracture, facial lacerations and bruises, and strains and sprains of her neck and back. She then received physical therapy and chiropractic care for approximately two years. Bird claimed she now suffers from a long-term cognitive brain injury, consisting of short-term memory loss and concentration impairment. She claimed she continues to teach, but has had to significantly cut down her class load. She further claimed she is no longer able to ride horses, which was her primary recreational activity before the accident. The plaintiff’s treating neuropsychologist opined, “Mrs. Bird’s life ended that day on the highway.” Thus, Bird sought recovery of $56,822 in past medical costs, in excess of $100,000 in future medical monitoring and treatment costs, $76,374 in past lost earnings, and $326,410 in future lost earnings. She also sought recovery of $500,000 in general damages for her pain and suffering, as well as recovery of punitive damages. In addition, she sought recovery of attorney’s fees under C.C.P. § 3294 based upon Dodson’s felony conviction for driving under the influence. Defense counsel did not contest any of Bird’s alleged physical or past medical expenses. However, the defense’s neuropsychology expert testified that Bird’s testing showed an individual who, despite the enormity of the impact, lacked any cognitive impairment in virtually all areas, except two subtests, which were so far below the norm to be consistent with a mild traumatic brain injury. The expert opined that, instead, the tests results were more consistent with cortical atrophy, which suggested the beginning stage of dementia. Defense counsel argued that after the accident, Bird was able to continue teaching, author a book, and manage her horse ranch (which includes bailing hay and cleaning stalls), mostly by herself. Thus, counsel contended that Bird made a remarkable recovery and that Bird’s bouts of forgetfulness were entirely age-related.