The settlement was reached on the first day of mediation. Dawn Videmschek, of Kirkwood, was a passenger on an ATV operated by Deana Brewington, of Fredericktown, on May 16, 2009. They were participating in a charity ATV ride near Fredericktown when Brewington made a sharp right turn and lost control of the vehicle, causing it to overturn and injure both women. Videmschek sued Brewington in October 2010 in Madison County Circuit Court, alleging that Brewington was negligent in operating the vehicle at an excessive speed and without keeping a proper lookout. According to Videmschek's petition, she suffered injuries to her right leg and hand that resulted in medical costs of about $140,000 and were likely to require additional medical expenses and the potential for lost wages.

In her answer, Brewington denied the negligence claims. As an affirmative defense, she argued that Videmschek should have known that Brewington was inexperienced at driving ATVs and that such vehicles can become unstable during turns. She argued Videmschek assumed the risks associated with riding on the ATV. With retired state appellate Judge Stanley Grimm mediating, the sides reached a pretrial settlement on Aug. 8, in which State Farm, Brewington's insurer, paid Videmschek $265,000 in return for a release from all liabilities arising from the accident. The settlement also bound Videmschek to cooperate in any future lawsuit that Brewington or her insurer might bring against the ATV maker.