On Feb. 10, 2011, at approximately 11:45 a.m., plaintiff M.C. Ellis, 42, a physical education instructor and athlete, was driving his minivan on northbound Highway 395, in Mono County, when he ran over snow chains dropped into his lane of travel, which emanated from a county snow blower vehicle. Ellis claimed that he when he ran over the chains, the front of his van lurched up and then slammed down, causing his head to strike the roof, despite wearing a seat belt at the time. He claimed that as a result, he momentarily blacked out. He ultimately came to a stop on the side of the road, where he called 911. Ellis claimed to his neck and mid-back. Ellis sued the operator of the snow blower vehicle, Joshua Rhodes, and the owner of the snow blower vehicle, the county of Mono, which was also Rhodes’ employer. Ellis alleged that Rhodes was negligent in the operation of the snow blower vehicle and that the county was vicariously liable for the actions of its driver, who was within the course and scope of his employment at the time of the accident. Rhodes was ultimately dismissed prior to trial. Ellis contended that he was traveling during a clear, dry-weather day and that the county was negligent in failing to adequately secure the subject snow chains on the outside of the snow blower vehicle. Plaintiff’s counsel noted that each 80-pound chain is carried on a step of the snow blower vehicle for ease of handling, but that one chain fell off while the vehicle was being driven to another location. The county admitted negligence at the beginning of trial, and the matter proceeded to assess causation and damages., Ellis drove from the scene of the accident. He claimed he self-treated with rest for over two months before seeking medical help because he was homeless and had no resources for medical care. He was ultimately seen at Mammoth Hospital, in Mammoth Lakes, where he complained of cervical and mid-back complaints. Ellis underwent X-rays and MRIs, which showed pre-existing cervical disc disease with some disc herniations. He subsequently treated conservatively in the Mammoth Lakes area for 1.5 years and was later referred to a neurosurgeon, who claimed that Ellis sustained a ligamentous injury of his cervical spine as a result of the accident. The surgeon also claimed that based on the standing cervical X-rays done shortly after the accident, and those taken 1.5 years post-accident, the noted rapid decline in disc heights could only have come from the trauma from the accident, and not from Ellis’ pre-existing disc disease. The plaintiff’s biomechanical expert testified that, based on an inspection of Ellis’ vehicle and photos taken of Ellis sitting in the vehicle allegedly as he was when the accident occurred; i.e., with the top of his head a half inch from the roof of the van, Ellis’ driving over the snow chains at 50 mph would have been a sufficient mechanism for the hyperflexion injury sustained. Ellis ultimately underwent a two-level fusion at C5-6 through C6-7 in September 2012. He claimed he had some improvement from the surgery, but he continues to have pain and discomfort. He also claimed he was disabled from performing in his profession of teaching physical fitness, as well as from his martial arts competitions and anticipated selection for the Pan Am Games in martial arts. Thus, Ellis sought recovery of past medical costs in excess of $235,000, the majority of which was unpaid, but subject to medical liens by the healthcare providers from Los Angeles against the outcome of the lawsuit. He also sought recovery of $200,000 in future medical costs and $500,000 in past and future loss of earning capacity. Including his claim for pain and suffering, Ellis sought recovery of $3.5 million in total damages. Defense counsel contended that the forces exerted on Ellis’ vehicle were insufficient to cause Ellis’ alleged and damages, or even aggravate his pre-existing degenerative disc disease. Counsel also noted that when the California Highway Patrol officer responded to the scene, the accident was reported to be a property damage claim only, as Ellis reported no to the officer. The defense’s biomechanical expert tested the same model of minivan that Ellis had over the same snow chains on highway pavement at 50 mph, while equipped with scientific measuring devices to record the vertical forces exerted on the vehicle and driver, and equipped with a video camera to record the inside of the vehicle. Both the video and expert testimony supported the defense’s claim that there were insufficient forces to cause injury, or an aggravation of injury, or to cause Ellis to hit his head on the roof of the vehicle. The county’s expert neurosurgeon reviewed Ellis’ records, and testified that Ellis did not sustain a serious injury or an aggravation as a result of the accident, based in large part on the fact that Ellis never sought medical attention until two months after the accident. The expert opined that, given Ellis’ age and sporting activities, film studies of Ellis’ spine were consistent with what would be expected if there had there been no accident.