On Feb. 8, 2009, at approximately 9:08 pm, plaintiff’s decedent William Brand, 70, a Pulitzer-prize winning journalist with the Oakland Tribune, was walking across King Street at the intersection with Second Street in San Francisco, toward a San Francisco Municipal Railway platform boarding area. He was attempting to catch the outbound N-Judah line train so that he could return to his home in the East Bay Area. Brand avoided some traffic on the street, which he was crossing against a red light, and approached the platform, but failed to look to his left and accidentally stepped into the path of an approaching westbound Light Rail Vehicle. As a result, the LRV struck Brand, throwing him into a light pole and causing a severe head injury. Brand was hospitalized and underwent surgery, but he fell into a coma and succumbed to his about two weeks later. The decedent’s widow, Daryl Berkson Brand, brought suit against the city and county of San Francisco; the San Francisco Municipal Railway; and the LRV operator, Anthony Harge. Ms. Brand alleged that the defendants’ negligence caused her husband’s wrongful death. Plaintiff’s counsel contended that although Brand was crossing against a red traffic light and a flashing white “train coming” signal, but that Harge was traveling at speeds in excess of what was permitted by the San Francisco Municipal Railway Rules and Instructions Handbook, Rule 4.22.13. Counsel also contended that Harge failed to sound his gong, bell or horn at any time prior to the impact with Brand, and that this failure was a violation of the San Francisco Municipal Railway Rules and Instructions Handbook, Rule 4.45.5. Both parties’ experts conceded that had Harge sounded his horn, gong and/or bell as late as almost one full second prior to impact, the collision would have been avoided. Both parties’ experts also opined that had Harge been traveling at a lower rate of speed, and at which was permitted under the MUNI rules, the collision would have also been avoided. Thus, plaintiff’s counsel asserted that the defendants were comparatively at fault and should be found at least 50 percent at fault. San Francisco Municipal Railway claimed that Brand was solely responsible for the collision. The defendants asserted that they were not liable for any alleged damages since Brand was walking against a red traffic light and a flashing white “train coming” signal. In addition, Harge claimed that he saw Brand walking across the street, so he slowed his LRV as he began to pull into the intersection, but that the collision was unavoidable., The impact of the collision threw Mr. Brand into a light pole, where he sustained a closed head injury, resulting in a traumatic brain injury. He was subsequently taken to San Francisco General Hospital, where it was determined that Mr. Brand suffered multiple traumatic , including multiple skull and facial fractures, a right and left subdural hematoma, a subarachnoid hemorrhage, and a comminuted fracture through the base of the dens to the C2 vertebral body. As a result, Mr. Brand underwent emergency procedures that same night, including a left decompressive hemicraniectomy and repair of a left dural sinus injury. However, due to the severity of the neurologic injury, Mr. Brand made little to no neurological recovery and succumbed to his on Feb. 20, 2009. The decedent’s wife at the time of the accident sought recovery of wrongful death damages, which plaintiff’s counsel evaluated as being in the range of $2 million to $4 million. Defense counsel evaluated the amount of damages suffered by the decedent’s wife as being $0.