The plaintiff, who was twenty-four years old, was a pedestrian walking along the side of a main road in Braintree in the direction of on-coming traffic. It was necessary for her to walk in the street because the sidewalks had not been plowed since the last major snowstorm. Plaintiff was struck by the defendant who was traveling in the opposite direction, and who suddenly swerved into the breakdown lane.

At the time of the accident, the defendant driver, who had long suffered from juvenile diabetes, was suffering a period of hypoglycemia and was disoriented and impaired. In fact, she was not immediately aware that the accident had occurred and had to be stopped by other motorists who thought she was drunk.

After her surgery for her multiple lower extremity fractures, the plaintiff aspirated vomit and suffered severe lung complications leading to a coma. In addition, it was determined she had suffered a significant closed head injury.

At the time of the accident the plaintiff was disabled due to a congenital condition she had. Plaintiff also had a history of learning disabilities.

The plaintiff had no memory of the accident, but discovery revealed that the defendant had been driving recklessly for miles before the accident scene, and that she was actually driving away from her home, even though that is where she intended to go. The case was settled between the pre-trial and trial dates, just fifteen months after the accident. The amount of the settlement was the full coverage under the driver's automobile policy and her parents' homeowner's umbrella policy. The defendant was otherwise judgment-proof.

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