On Sept. 30, 2008, plaintiff Montana Jones, 16, was riding her bicycle east on the southern sidewalk of Del Amo Boulevard in Dominguez Hills, along with her boyfriend, Jacob Weathermon. As Montana entered the crosswalk at the intersection with Susana Road, she was struck by a tractor-trailer operated by Robert Zambrano, who was making a right turn from southbound Susana Road onto westbound Del Amo Boulevard. Montana was thrown from her bicycle and sustained to her left wrist, left shoulder and neck. Montana sued Zambrano and the owner of the tractor-trailer, Zambrano’s employer, Ruan Transport Corp. She alleged that Zambrano was negligent in the operation of his vehicle and that Ruan was vicariously liable for his actions. The case was originally tried on Aug. 13, 2012 and resulted in a mistrial, allegedly due to the plaintiff improperly admitting evidence about Weathermon being killed during the accident and the emotional distress she suffered as a result. Thus, the matter was retried, during which the court excluded any evidence about Weathermon’s death and Montana’s alleged damages related to witnessing his death. During the retrial, Montana claimed that Zambrano stopped for a red signal at the intersection, but was 5 feet past the limit line. Thus, she claimed Zambrano was not legally able to negotiate a right turn on red. She also claimed that Zambrano made the turn without adequately checking for pedestrians or bicyclists on the sidewalk, thereby entitling her to be given a negligence per se instruction by the court. Defense counsel contended that Zambrano did not stop at the limit line because the requirement to do so was waived, and Zambrano received an instruction on that point of law. Zambrano claimed that a fence, shrubs and a tree on the adjoining property obstructed his vision at the intersection. He also claimed that Montana should not have been riding on the side of the street facing traffic, that she entered the intersection against a red light, and that she violated other traffic laws, including the basic speed law. In addition, defense counsel presented an eyewitness who testified that Montana entered the intersection on a red signal. Montana’s counsel countered that although a Los Angeles County ordinance prohibits bicyclists from riding on the sidewalk, the California Supreme Court has held that the only class of persons can seek to be protected by the ordinance are other pedestrians and, therefore, no negligence per se instruction was appropriate. Counsel further argued that since Montana was on the sidewalk and in the crosswalk, signals for traffic on the roadway did not apply to her, and that the pedestrian walk/don’t walk signals also did not apply to bicyclists. Montana’s counsel further argued that although there were obstructions to Zambrano’s field of vision, Montana was visible to him from his cab for more than five seconds before the impact., Montana claimed she sustained a traumatic carpal tunnel injury to her left, non-dominant wrist, as well as a left shoulder impingement. She also claimed an injury to her neck. Montana subsequently treated with her general practitioner nine days after the accident and underwent a MRI that revealed a loss of bone mass in her cervical discs. She continues to treat her spinal condition with chiropractic care, as well as with an orthopedic surgeon. Montana claimed she still experiences left wrist, shoulder and neck pain and discomfort, and will require future surgery for both the carpal tunnel and shoulder . She also claimed severe emotional distress from being struck by the truck and thrown into the intersection, for which she has been treating with a therapist. Montana further claimed that she missed many weeks of school, and was only able to make it through the school year with significant help from teachers and administrators at her high school. Thus, she claimed $29,466.39 in past medical costs and asked the jury to award damages in excess of $2.5 million for her future medical costs, which include surgery and therapy, and for her past and future pain and suffering. Defense counsel contended that Montana only sustained minor soft-tissue that resolved shortly after the collision. Counsel argued that her shoulder and carpal tunnel were not claimed until a year after the accident, and that all tests for her carpal tunnel injury were normal, confirming no need for treatment or surgery. Defense counsel further argued that Montana had a pre-existing neck injury, that her cervical MRI was normal, and that she required no further care or treatment to the neck. Defense counsel argued that there was evidence Montana had a pre-existing left shoulder injury, which included treatment, and that she did not treat for the shoulder for one year after the accident. Counsel contended that Montana was swimming for her high school team up to a few weeks before trial and had full range of motion in her shoulder, as demonstrated by a surveillance video. In addition, defense counsel argued that Montana’s emotional distress was exaggerated.