On July 2, 2008, plaintiff Edward Adams, 40, a security guard, was working on a film shoot at the Fox Hills Mall in Culver City. He was stationed in his car in the parking lot and was responsible for making sure nobody parked in the lot that wasn’t involved with the film production. At approximately 2 a.m., a trailer truck carrying steel framing beams for a renovation project at the mall arrived at the mall staging area. Adams tried to tell the driver he couldn’t park in that staging area of the lot, but the truck driver only spoke Spanish. Shortly thereafter, a mall security guard that spoke Spanish came to the parking lot to speak with the truck driver. At that point, the truck driver had already begun unfastening the chains used to secure the beams from the trailer during transport. After speaking with the mall security guard, the truck driver got back into his truck to move, but when he tried reversing, the unfastened beams shifted and three of them, weighing 5 tons each, cascaded off the trailer and crashed the hood of Adams’s parked vehicle. Adams claimed to his neck, back and right shoulder. Adams sued the owner of the truck, Eduardo Magdaleno, who was doing business as RM Trucking Co. The truck driver was not sued, since it was stipulated that he was in the course and scope of his employment with RM Trucking at the time of the incident. Adams claimed that he was in his car when the beams fell on top of the hood, which resulted in his . The truck driver testified in his deposition that he saw Adams standing outside of the car talking on a radio device and in the process of opening the car door as the accident was occurring. Magdaleno conceded that the truck driver was negligent for not reinforcing the beams when he returned to his truck, causing them to shift and fall onto the plaintiff’s vehicle. However, he claimed that the truck driver’s negligence did not cause Adams’s since he was not in his car when the beams fell on top it. Adams countered that the truck driver was incorrect in identifying him as standing outside of the car since he did not have a radio device. Instead, Adams claimed that the truck driver had been looking at the mall security guard, who was equipped with a radio., Within a week of the accident, Adams went to a chiropractor with complaints of pain to his neck, back and right, dominant shoulder. He underwent MRIs and was diagnosed with soft-tissue to his neck and back, as well as an internal derangement to his right shoulder. In January 2009, Adams underwent arthroscopic surgery on his shoulder. He also initially underwent a few months of physical therapy before the surgery and followed up with a few more months of physical therapy after the procedure. Adams claimed that his ultimately resolved, but that he wasn’t ready to return to work until May 2009. However, he alleged that he wasn’t able to find new employment until November 2009. Adams asked the jury to award damages in the amounts of $40,000 for past lost earnings and $70,000 for his pain and suffering. He did not present any medical specials at trial.