On the rainy evening of Jan. 21, 2008, plaintiff Amber Clisura, 33, a fashion designer, was walking north on Market Street in Oakland on her way home from work. At approximately 6:22 p.m., Clisura entered a crosswalk at the intersection with 55th Street while talking on her cell phone when she was struck by a vehicle operated by Maureen Moon Wong, who was attempting to make a left turn from northbound Market Street onto westbound 55th Street. Clisura claimed to her lower back and left hip. Clisura sued Wong. She claimed the defendant was negligent in the operation of her vehicle. The plaintiff’s accident reconstruction expert testified that Wong was, at all times, behind and to the right of Clisura, and that the defendant’s negligence was the primary cause of the accident. Clisura claimed that she was talking to her “walking home buddy” on the cell phone at the time, as a means of self-protection, and claimed that she wasn’t necessarily holding the phone to her ear at the time of the accident. Wong admitted negligence in her opening statement, but argued that the plaintiff was inattentive and, thus, comparatively negligent for talking on her cell phone as she crossed the street. Defense counsel further argued that the plaintiff’s accident reconstruction expert offered no testimony as to whether Wong’s headlights would have been visible to an attentive pedestrian in time to avoid the accident. At the close of the case, Clisura moved for a directed verdict on liability. The court, finding no evidence supporting a defense claim of comparative negligence, granted the motion, and the case proceeded to assess causation and damages., Clisura was taken from the scene of the accident by ambulance and brought to an emergency room, where she was diagnosed with a probable lumbar sprain. Her family doctor confirmed the diagnosis and referred her to an orthopedist, who ordered a lumbar MRI in May 2008. Clisura was then diagnosed with lumbar disc bulging at three levels, left sciatic symptoms and a left sacroiliac sprain. She underwent 25 physical therapy treatments and 42 acupuncture treatments in 2008, before suspending treatment due to a lack of funds. Clisura claimed she experienced depression and anxiety due to pain and having a recovery setback. As a result, she treated with a psychotherapist through September 2008 and had an osteopathic manipulation to treat a traumatic spine and pelvic injury, as well as treatment with an osteopath in 2010 to address her degenerative disc disease. The plaintiff missed a month of work following the accident, but has not been able to secure full-time work as a fashion designer since. She claimed that as a result, she now works part-time as a bartender. Clisura sought recovery of damages that included $32,513 in past medical costs, $211,214 in future medical costs, $176,318 in past lost earnings, $245,790 in future lost earnings, $211,233 in past pain and suffering, and $50,000 in future pain and suffering. She also sought recovery of $10,600 in damages for a past car rental. The defense’s expert orthopedist opined that Clisura merely sustained soft-tissue to her lumbar spine with no sign of trauma-induced structural damage and that the should have resolved within 2008. Defense counsel argued that Clisura obtained a job as a “production manager” for a clothing company within weeks of losing her fashion designer job, and for double the pay. Counsel contended that Clisura was then laid off from the new position after working only nine weeks, as she took a leave to attend the “Burning Man” festival. Defense counsel also presented surveillance video of Clisura moving about freely while working as a bartender, carrying one of her coworkers back and forth at one point. Thus, counsel asked the jury to award damages to Clisura in the amounts of $17,500 to $20,000 for past medical costs, $1,875 for past lost earnings, and $25,000 to $30,000 for past pain and suffering, with no award for future damages. In response to the defense’s surveillance evidence, Clisura argued that she never claimed she could not work as a bartender during that time period and that she was hugging her coworker, not carrying her around as described by defense counsel.