At approximately 8 a.m. on April 16, 2010, plaintiff Frank Lessley, an unemployed 56-year-old, was riding his bicycle within the bike lane of westbound Soquel Drive, near North Rodeo Gulch Road in Soquel, when he was struck by a Ford F-350 truck operated by Robert Warren. The impact caused Lessley to be ejected from his bicycle and strike the right side of Warren’s truck. He then landed on the concrete sidewalk that borders North Rodeo Gulch Road. Lessley sued Warren; the owner of the vehicle, CW Excavation; and the company owner, Chris Wortman. He alleged that Warren was negligent in the operation of his vehicle, and that CW Excavation and Wortman were vicariously liable for Warren’s actions. Lessley claimed that Warren was originally stopped at the intersection of Soquel Drive and North Rodeo Gulch Road at a red traffic light, but that when the traffic light turned green, Warren accelerated forward and initiated a left turn onto North Rodeo Gulch Road, entering the bike lane just as Lessley entered the intersection. Thus, he alleged that Warren failed to yield the right of way to oncoming traffic and to those in the bike lane. Plaintiff’s counsel contended that Warren was driving his truck to a worksite and, therefore, was in the course and scope of his employment at the time of the accident. Defense counsel asserted that Lesley was comparatively at fault for not wearing a helmet. Counsel also contended that the maximum coverage for the accident was $100,000 under Warren’s personal line automobile policy, and that there was no coverage under the business insurance policies., Lessley was taken by ambulance to Dominican Hospital, where he was later airlifted to Regional Medical Center of San Jose and hospitalized for three days for observation. Lessley sustained a closed head injury, including injury to the left frontal lobe. He also sustained blunt facial trauma with multiple facial fractures, a fracture of the C5 spinal process and a fracture to his left clavicle. Lessley claimed he made a total recovery, with no residula problems. Thus, he alleged total medical expenses of $184,258.52, of which $142,323.13 was paid by insurance. He also sought recovery for his past pain and suffering.