On July 4, 2008, plaintiff Fabiola Esparza, then 15, was a passenger on a 2001 Polaris Virage watercraft on the Colorado River near Mayfield Park, north of Blythe. Fabiola’s watercraft was operated by plaintiff Andrew Gutierrez, 17. Fabiola, Andrew and another passenger of the watercraft, plaintiff Marlon Mata Jr., 15, were members of a congregation of Jehovah’s Witnesses visiting the river for the Fourth of July holiday. During their trip, their watercraft collided with a 2004 Sea-Doo Utopia jet boat, operated by Douglas Lane, whose three grandchildren were in an inflatable device tied behind the boat. Lane, who was intoxicated with a blood alcohol level of 0.224 percent, believed the watercraft Fabiola was in was going to jump his wake, and collide with his grandchildren on the inflatable tube. As a result, Lane deliberately turned his boat into the path of the watercraft that Fabiola was in, resulting in the watercraft impacting the right side of Lane’s boat. However, Fabiola claimed that Andrew released the throttle of the watercraft prior to the collision, but could not turn the watercraft to avoid the boat. As a result, Fabiola sustained head and numerous fractured bones, while Marlon and Andrew suffered less serious . Fabiola, acting through her guardian ad litem, Jose Salvador Saldivar, sued the maker of the personal watercraft, Polaris Industries Inc.; the operator of the Sea-Doo Utopia jet boat, Lane; and the seller of the personal watercraft, Seidner Enterprises, which was doing business as Bert’s Mega Mall. Andrew Gutierrez and Mata Marlon Jr., acting through his guardian ad litem, Mata Marlon Sr., also brought a separate action against Polaris, Lane, and Seidner Enterprises. The matters were joined for trial, but Andrew and Mata ultimately settled out. In addition, the operators of Bert’s Mega Mall, Seidner Enterprises Inc. and Seidner Enterprises LLC, were dismissed from the case on the eve of trial. Thus, the matter proceeded to trial with Fabiola claims against Lane and Polaris only. Fabiola claimed that Andrew was traveling less than 20 mph when the accident occurred and that he intuitively slowed his speed when he realized he might hit the boat, even though the decision negatively affected his steering capability. Thus, she claimed that Lane was negligent for operating his boat while having a blood alcohol level over three times the legal limit and for turning in front of her watercraft. Fabiola also claimed that her watercraft contained a design defect regarding the steering system because the watercraft could not be turned when the operator released the throttle. Thus, Fabiola’s counsel argued that the watercraft should have been equipped with rudders, brakes (reverse bucket) or a throttle reapplication device to provide steering when an operator releases the throttle. Lane claimed he turned his vessel in front of the watercraft that Fabiola was in because he thought it would otherwise hit his grandchildren. As a result, Lane claimed his actions were based on his belief that he was faced with an emergency situation and that the cause the accident was due to Andrew and/or Polaris. Polaris, which is based in Medina, Minn., noted that it stopped making jet skis in 2004, and that it currently makes all-terrain vehicles, snowmobiles, motorcycles and other vehicles. However, it claimed that the 2001 Polaris Virage watercraft was a safe, well-designed watercraft and that the U.S. Coast Guard had found that the lack of an off-throttle steering device did not constitute a defect. Polaris’ counsel argued that there were no safe and effective off-throttle steering devices that were feasible for use with the Virage at the time it was manufactured. Counsel also argued that none of Fabiola’s counsel’s proposed off-throttle steering devices would have prevented the crash from occurring given the speed of the watercraft at the time Lane made the sudden and unexpected turn into its path. Thus, Polaris’ counsel contended that the accident was solely caused by the negligence of Lane in driving while intoxicated and deliberately turning his boat into the path of the watercraft, and by the recklessness of Andrew in operating at high speeds in close proximity to other vessels., Fabiola sustained head and numerous fractured bones in the accident. She subsequently had a tonic-clonic seizure,formerly known as a grand mal seizure, after the accident and was intubated at the scene. She was then brought to Loma Linda Hospital, where she remained in the surgical intensive care unit for a few weeks. Fabiola was diagnosed a cerebral contusion resulting in a cerebral hemorrhage in the right anterior temporal lobe and the bilateral inferior frontal lobe, as well as a cerebral edema and a diffuse axonal brain injury. She underwent an MRI and MRS, which showed that the diffuse axonal injury was consistent with a traumatic brain injury and blunt head trauma. Fabiola was also diagnosed with a pulmonary contusion, a small right lung apical contusion and a small left pneumothorax. In addition, she was diagnosed with a fracture of the lateral aspect of her left first and second ribs, a small left perinephric hematoma, bilateral otomastoiditis, a comminuted fracture of the left sacral ala, diastasis of the left sacroiliac joint, a non-displaced fracture of the left ilium, a non-displaced fracture of the left superior pubic ramus, a transverse fracture of the left patella, and soft-tissue contusions to the right frontal temporal scalp. Fabiola subsequently had sutures applied to her scalp contusions. However, while she was hospitalized, Fabiola developed a Pseudomonas pneumonia infection and acute respiratory failure. As a result of the respiratory failure, severe traumatic brain injury and severe cerebral hemorrhage, Fabiola required an external ventricular drain and intracranial pressure monitoring. She also required paralysis and sedation while her intracranial pressure was markedly elevated. In addition, she received Ferrlecit, Epogen and Feosol for severe anemia. However, due to being a Jehovah’s Witness, Fabiola did not receive any blood products per her parent’s wishes, and she continued to be monitored until her intracranial pressure was normalized. She then underwent the placement of a percutaneous endoscopic gastrostomy tube and tracheostomy for her acute respiratory failure and severe malnutrition on July 18, 2008. Her sacral ala fractures were ultimately determined to be non-operative, but she underwent open reduction and internal fixation on July 21, 2008, to treat the transverse fracture of the left patella. Fabiola was then given a left knee immobilizer and she was told to remain non-weight-bearing on her left lower extremity, per orthopedic recommendations. Fabiola was later transferred to “Totally Kids,” a specialized nursing care facility for medically fragile children, where she resided for two months. She was then transferred to Children’s Hospital of Los Angeles, where she remained for two months, after which she was discharged to home. In March 2011, Fabiola had a neurologic consultation, which revealed that she had complaints of intermittent bifrontal headache, occurring approximately once a week and lasting 10 to 30 minutes at each time of occurrence, as well as headaches associated with anger and menses. She also complained of occasional shivering, and intermittent dizziness and vertigo that was occurring approximately twice a week and lasting approximately five minutes at each time of occurrence and associated with rapid head movement. In addition, Fabiola complained of weakness of the left upper extremity and left lower extremity, which is always present; numbness of the fourth and fifth digits of the left hand, which is always present; intention tremor of the left upper extremity; stiffness of the left upper extremity; and impaired short-term memory. She also claimed she was more easily angered, but denied suffering any impairment of her long term memory. Fabiola claimed she was a 12th grade student with a 4.0 average and was in three honors classes, including English, Math and Science, before the accident. She claimed that even though she did not have any formal schooling for approximately two months after the incident, there was no change in her academic performance since the accident. However, she claimed she had not yet applied for enrollment in a college. Fabiola also claimed that she was able to walk without assistance, but she usually uses a wheelchair. In addition, the March 2011 consultation concluded that Fabiola should be considered as having permanent and stationary total disability, and that she requires ongoing follow-up care by a neurologist regarding her seizure disorder, including periodic monitoring of anti-convulsant levels. The consultation also concluded that Fabiola requires periodic follow-up by a psychiatrist regarding a behavioral disorder.