Buchan v. United States Cycling Federation

Facts: Plaintiff, age 25, was a participant in a series of races comprising the World Trials, from which the U.S. team for the World Championships of cycling would be chosen. During a road race through the Santa Monica Mountains, an inexperienced 20 year old novice racer caused a chain reaction spill in which 65 competitors fell. Plaintiff, wearing a leather “helmet” of the type then permitted by U.S.C.F. (the governing body for cycling in the U.S.) rules, struck her head in the fall and suffered a significant traumatic brain injury, which required lengthy and extensive rehabilitation and left plaintiff with residual memory loss, cognitive deficits, and a seizure disorder.

Contentions: Plaintiff alleged that the U.S.C.F was negligent in failing to adopt and enforce a meaningful helmet safety rule, and was also negligent for allowing a novice racer to participate in this race, when she had caused a crash in an earlier race of the same series and many top riders had demanded that she be excluded as unqualified to compete at this level.

Opposing Counsel: U.S.C.F was represented at trial by Everett Hinchcliffe of Thomas & Price, Glendale, CA.

Technical Experts: Included Ronald Smith, Ph.D. – Sports Psychology; Lawrence Majovski, Ph.D. – Neuro-psychology; Ronald Harper, Ph.D. – Rehabilitation; Igor Paul, Ph.D. – Helmet Safety and Biomechanics.

Demand, Offer and Verdict: Plaintiff demanded $150,000 “new money” (after prior settlements of $1,115,000); U.S.C.F. offered $100,000 New money; Verdict $2,266,176.