On Oct. 19, 2012, at 5:50 a.m., plaintiff Peter Romankevich, 60, a senior care health aide, was riding his bicycle toward a train station near the intersection of Fruitdale Avenue and St. Elizabeth Driver, in San Jose. As he entered the intersection, he was struck by a truck driven by Donn Deluca. Romankevich claimed to his left elbow, wrist and thumb. Romankevich sued Deluca and Deluca’s employer, San-Mar Construction Co. Inc. Romankevich contended that he had two operative bicycle lights on, but that Deluca failed to yield the right of way. He alleged that Deluca made an unsafe left turn directly in front of him at 25 miles per hour, causing the accident. Romankevich also contended that Deluca, who was staying at employer-sponsored housing for a construction job, was in the course and scope of his employment at the time of the accident. Thus, he alleged that San-Mar Construction was vicariously liable for Deluca’s actions. Deluca claimed that he was on his way to get a snack at the nearby 7-11 when he made a safe left turn at about 5 mph. However, he asserted that Romankevich was inattentive and not using proper bike lighting. San-Mar Construction claimed that Deluca was commuting to work and that the “going-and-coming rule” barred any claim of vicarious liability. It also claimed that the employer-sponsored housing, without more, was inadequate, as a matter of law, to fall within an exception to the going-and-coming rule., Romankevich claimed the accident resulted in a dislocated left elbow with an olecranon process fracture. He also claimed a sprain of his left, dominant wrist and a dislocated left thumb. Romankevich subsequently underwent X-rays, which showed bone chip fractures to the elbow. He ultimately underwent surgery on his left elbow, followed by physical therapy. Following the accident, Romankevich changed careers, but kept his income at or above pre-accident levels. He alleged that he was left with a residual scar to his elbow as a result of the surgery. He also alleged that despite treatment, he is left with a permanent 10 to 20 percent loss of range of motion of his left elbow, resulting in a partial loss of manual dexterity, sensation and grip strength in his left, dominant hand and arm. Romankevich further alleged that his lifelong passion of bicycling was negatively affected by the accident. Thus, Romankevich sought recovery of special damages, including over $55,000 for his past medical costs, $11,990 for his loss of income, and $1,000 for his property damage. Romankevich also sought recovery of $150,000 in general damages for his pain and suffering. The parties ultimately stipulated to the nature of Romankevich’s injury, and stipulated to the reasonableness of Romankevich’s medical treatment, wage loss, and property damage. The parties also established an undisclosed high/low agreement, with the amount to be adjusted based on the finding of liability. As a result, no expert reports, surgical report, or prognosis was presented at trial.