On the morning of Dec. 5, 2009, plaintiff Daniel McDonald, 49, a certified public accountant, was riding his bicycle on State Route 1 with a group of 12 cyclists, who were riding from Cambria to Ragged Point, and then back to Cambria. On the return trip on southbound SR-1, McDonald collided with one of the other cyclists and fell to the pavement. He sustained to his head and face. McDonald sued the State of California Department of Transportation. He alleged that a dangerous condition existed on SR-1 and that the defendant failed to properly address it. McDonald claimed that a short shoulder taper was not built to state standards and that it caused him to lose control of his bicycle. He alleged that the taper, which was added in 1995 by the resident engineer, was not in the original design and caused him to ride off the roadway. Caltrans alleged that McDonald was solely responsible for the accident. It claimed that the incident was a result of McDonald following his friend too closely, or “drafting,” such that their wheels touched, causing him to crash his bicycle. Furthermore, Caltrans claimed that the standard at issue was a permissive standard for which there was no requirement for use and it was within the resident engineer’s discretion to add., This trial was bifurcated. Therefore, damages were not presented before the court. McDonald was taken from the scene of the accident by ambulance and brought to an emergency room. He was hospitalized locally, initially in a coma and on a ventilator. McDonald sustained a severe closed head/brain injury, as well as a tripod orbital fracture to the right side of his face. He was later transferred to an acute rehabilitation facility, where he remained until February 2010. McDonald then attended an outpatient rehabilitation program for speech and occupational therapy through Kaiser up until October 2010, when he stopped treatment. McDonald claimed that his residual and cognitive impairments include right side weakness, right side visual loss, loss of balance, lost sense of smell, and memory loss. He also claimed that his cognitive skills are now impaired to a child’s level. McDonald alleged that he was an avid bicyclist and sailor before the accident, but can no longer engage in those activities, as well as several others. In addition, he alleged that he can no longer work due his . Thus, McDonald claimed roughly $1 million in total medical costs, and sought recovery of damages for his lost earnings and past and future pain and suffering.