On Aug. 29, 2012, at approximately 8:42 a.m., claimant William Avery, a retired 72 year old, was driving his restored 1972 Datsun 240 Z at approximately 35 to 40 mph on northbound State Route 9 in an unincorporated area of the county of Santa Cruz. The roadway is a two lane highway that is separated by painted double lines and is curved in a westerly direction. At the same time, Marva Smith was driving home from work on southbound SR-9, traveling at approximately 35 to 40 mph in her 2000 Subaru Legacy, when she entered the westerly curve and inexplicably crossed over the painted double-yellow line, colliding head-on with Avery’s vehicle. As a result, Avery claimed to his head and both legs. Avery brought a claim against Smith for motor vehicle negligence. He claimed he attempted to apply his brakes in effort to avoid a collision after noticing Smith coming directly at him. However, Avery claimed that Smith did not slow, brake or turn her vehicle, causing her to cross over the double yellow line., Avery sustained severe from the head-on collision that required Life Flight transportation to Stanford Hospital, where he underwent trauma evaluation. It was ultimately determined that Avery suffered lacerations, abrasions, bilateral talus fractures and a concussion. Avery remained in hospital care, assisted living facilities and skilled nursing care from the date of the accident until about February 2013. During his hospital stays, he underwent multiple surgical procedures, including an open reduction with internal fixation of the left talar neck fracture with a proximal tibia bone graft, and an open reduction with internal fixation of the right talar neck fracture and percutaneous transfixation of syndesmosis with a tibia bone graft. Avery claimed that he was advised that he would require additional surgery to repair a malunion of the right talus, which would include a bone graft and either a fusion surgery or a complete ankle replacement.