On Sept. 22, 2011, at around 8 p.m., plaintiff Marcus Laniohan, 34, an information technology business owner, was on his skateboard, traveling west on Saratoga Avenue, in Ocean Beach, with his sister behind him, when he entered the intersection with Cable Street and collided with the right, front corner of a pickup truck operated by Zane Keith. The intersection has a four way stop. Evidence showed that Laniohan had consumed medical marijuana and part of a beer prior to the accident. Keith was driving east on Saratoga Avenue and was in the process of either making left turn or a U-turn at the intersection with Cable Street when the collision occurred and the right, front wheel of his pickup truck went over Laniohan’s left shoulder, causing to Laniohan’s left shoulder, ribs and neck. Laniohan sued the driver of the pickup, Zane Keith, and the owners of the pickup Kenneth Keith and Lisa Keith. Laniohan alleged that Zane Keith negligent in the operation of the pickup truck and that Kenneth and Lisa Keith were vicariously liable for Zane Keith’s actions. Kenneth and Lisa Keith were ultimately dismissed before trial in exchange for a waiver of costs. Laniohan contended that he stopped 10 feet behind the limit line, where the word STOP was painted. He claimed that when he entered the intersection, he saw Zane Keith’s vehicle, but that the pickup truck had the right turn signal on, not the left turn signal. Laniohan claimed that Keith started to turn right, but then turned left instead, in order to make a U-turn, and caused the collision. Plaintiff’s counsel contended that Keith was inattentive and that Laniohan acted reasonably. Counsel also contended that the intersection was well-lit, that Keith never saw Laniohan at any time prior to the incident, and that Keith had illegal dark tinting on his windows. Keith claimed that prior to his turn, he was stopped at the stop sign and that he had his left turn signal on. He also denied that Laniohan stopped at the stop sign. Defense counsel contended that at the time of the collision, Laniohan was riding his skateboard on the street, not on the sidewalk, and that Laniohan was wearing dark clothes, except for white socks. Thus, counsel argued that Laniohan was negligent per se for failing to stop at a posted stop sign and for violating various codes, including one in San Diego that prohibited skateboarders from riding in a residential street. The defense’s accident reconstruction expert developed a video demonstration that included measurements of the scene, showing that in the course of Keith’s left turn, his vehicle was well into the intersection before Laniohan was at the limit line, regardless of whether Laniohan was stopped or not. As such, the expert opined that Keith had the right of way. The expert also opined that Keith probably could not see Laniohan in the roadway due to the night time conditions, questionable lighting, and Laniohan’s dark clothing., Laniohan sustained a non-dominant scapular fracture, four fractured ribs, scrapes, contusions, and neck pain. He was subsequently taken by ambulance to a hospital. The following day, on Sept. 23, 2011, Laniohan underwent a surgery to repair the scapular fracture. Laniohan claimed that he is left with decreased strength and motion in his left arm. He also claimed that after the surgery, a bone fragment was left in his left armpit that could not be removed, causing him disability. Laniohan alleged that after the accident, he had trouble installing servers, climbing ladders, pulling wires, and with other physical aspects of his position. He alleged that as a result, he lost several pending contracts with clients that he was providing services for. His bookkeeper/accountant testified about Laniohan’s alleged loss of earnings in the amount of $120,000. Thus, Laniohan sought recovery of $562,000 in total damages, including $45,000 in medical expenses, $120,000 in lost earnings, and an unspecified amount for his pain and suffering. Defense counsel disputed Laniohan’s loss-of-earnings claim. Counsel questioned how Laniohan could prove loss of profits to his business overall, as there were other contributing factors that could have added to his business’ losses.