On Oct. 9, 2009, plaintiff Linsey Kramer, 25, an event coordinator, was riding her bicycle to work in the bicycle lane on Haight Street, in the city and county of San Francisco, when as she began to slow to anticipate an upcoming stop sign. However, as she approached the stop sign, she was struck by a truck door being opened by Mario Hurtado. Kramer, who was wearing a helmet, was knocked to the ground, but an oncoming commercial cab-and-trailer truck, operated by David Encelan, ran over her. Kramer sued Hurtado; Hurtado’s employers, Dr. Pepper Snapple Group Inc. and The American Bottling Co. (also known as Seven Up Bottling Company of San Francisco); the owner of Hurtado’s truck, Splash Transport Inc.; Encelan; Encelan’s employer, Bottling Group, LLC (doing business as Pepsi Bottling Group); and the owner of Encelan’s truck, New Bern Transportation Corp. Kramer alleged that Hurtado, a driver for Snapple, was distracted and failed to check his mirror before pushing the door into her path. Thus, she claimed that Hurtado was negligent and that Dr. Pepper Snapple, American Bottling and Splash Transport were vicariously liable for Hurtado’s action. Kramer further alleged that Encelan, a driver for Pepsi, failed to keep a safe distance. Thus, she claimed that Encelan was negligent in the operation of his truck and that Bottling Group and New Bern Transportation were vicariously liable for Encelan’s actions. Prior to trial, Hurtado, Dr. Pepper Snapple, American Bottling and Splash Transport settled with Kramer for $4.35 million. The matter subsequently proceeded to trial against Encelan, Bottling Group and New Bern Transportation. Plaintiff’s counsel contended that as Encelan was approaching a stop sign, he chose to pass Kramer on her bicycle at the same time he was passing Hurtado’s truck, squeezing the distance between the two trucks to less than five feet. Counsel contended that Encelan should have stayed back and kept a safe distance from Kramer’s bicycle, allowing her to pass Hurtado’s truck. Thus, plaintiff’s counsel argued that Encelan was negligent for failing to keep a safe distance between his truck and Kramer. The reconstruction experts agreed that Encelan was going no more than 5 to 10 miles per hour when Kramer was struck by the door. Counsel for Encelan, Bottling Group and New Bern Transportation asserted that the training of Encelan met the standard of care in the industry and that the passing movement Encelan made on Haight Street allowed Kramer between 4.5 feet and five feet of space. Counsel contended that Haight Street is a heavily traveled commercial street that is 44 feet in width, and has curb parking and single lane traffic with a broken line center divider. Thus, defense counsel asserted that when Encelan passed Kramer, they were still two to three car lengths from the back of the parked Snapple truck. Counsel contended that after passing Kramer, Encelan slowed for an upcoming stop sign, during which Kramer rode in between the two trucks. Counsel further contended that Kramer then maintained her pace, keeping approximately parallel to Encelan’s front door, when Hurtado suddenly opened his Snapple truck door. Thus, Encelan claimed that he did not see Kramer struck, and only realized she had been hit when he heard a bang and a yell. He claimed that he then looked in his mirror and saw Kramer between his front and rear duals, causing him to brake hard and come to a stop, but his truck ran her over., Kramer sustained pelvis , organ damage, to her shoulder and hip, and multiple cuts and abrasions. The double-rear wheels of Encelan’s tractor drove completely over the middle of Kramer’s body, causing massive internal bleeding, a crushed pelvis, and to her lungs and esophagus. She also sustained a fracture of her right shoulder blade, along with part of a bone in her lower back. Kramer was rushed to a hospital and emergency surgery was performed to stop the internal bleeding, which included injecting her arteries with gel foam to clot the bleeding. To repair the pelvis, which sustained multiple fractures that caused the right hip socket to be broken in half, a metal rod was drilled through Kramer’s right thigh bone and she was placed in traction to stabilize for five days. On the sixth day, she had pelvic repair surgery, during which five screws and two plates were inserted. The lining of Kramer’s hip socket was damaged and she lost 30 to 40 percent of the range of motion in her right hip. She claimed that this caused misalignment of her pelvis and lower back pain. Kramer was prescribed opioid medications, vicodine, oxycodone, muscle relaxers and antidepressants. She claimed that as a result of her condition, she has a much greater likelihood of require additional hip surgery and will be a candidate for a hip replacement. Kramer was working as an event coordinator for AIDS Walk. She claimed that she was healthy and active at the time of the accident and that she was training for a AIDS Life Cycle ride. Kramer claimed that she has ultimately returned to biking, despite being in chronic pain.