At about 2 p.m. on Oct. 27, 2009, plaintiff Lewis Garlick, 59, a locksmith, was driving a van east on Elverta Road when he intended to pass a tractor-trailer being driven by Jose Carreon, who was directly in front of him pulling double trailers. Garlick subsequently put on his turn signal and moved to the left lane to pass the trailer, but as he started into the left lane, Carreon attempted to turn left onto an unmarked dirt road in the middle of a field. As a result, Garlick swerved back into the right lane, but could not avoid striking the back of Carreon’s trailer. Garlick’s van then spun out of control and ended up in a drainage canal on the left side of Elverta Road. Following the crash, water filled the van up to Garlick’s waist, and it took the fire department nearly an hour to remove him from the van. During that time, Garlick remained trapped in his van with a fractured right ankle and puncture wounds to his left leg. Garlick sued Carreon and the owner of the tractor-trailer, Carreon Trucking. He alleged that Carreon was negligent in the operation of his vehicle and that Carreon Trucking was vicariously liable for his actions. Garlick contended that Carreon caused the accident by not using his left turn signal and by cutting him off as he was attempting to pass. An independent witness at the scene originally claimed that Carreon did not signal prior to make the turn, but when the witness was deposed prior to trial, he indicted that he did not know whether Carreon signaled because his view was obstructed by Garlick’s van. Carreon disputed the cause of the accident. He claimed that Garlick’s own negligence in attempting to pass his turning tractor-trailer caused the crash., As a result of the accident, Garlick suffered a dislocated fracture of the right ankle and puncture wounds to his left leg. He remained trapped in his van with water up to his waist until the fire department was able to remove him from the vehicle close to an hour later. Garlick was then transported to UC Davis Medical Center in Sacramento and was then treated at Kaiser Permanente South Sacramento Medical Center. He ultimately underwent surgery on his right ankle. Garlick claimed that he was left with arthritis, permanent pain and numbness, decreased range of motion, and instability in his right ankle. Thus, he alleged that he is unable to walk without a cane. He also claimed that his medical expenses amounted to $235,481.44, but he did not make a claim for lost wages. Defense counsel argued that Garlick’s own negligence caused his . In addition, the defense’s orthopedic surgery expert testified that Garlick would have healed faster if it had not been for his obesity.