On June 9, 2010, at approximately 12:30 p.m., plaintiff John Berman, a self-employed 52 year old, was riding his motorcycle through a construction site on Highway 33, near Ivy Avenue in Patterson, when his tires hit a lip on the pavement, causing the motorcycle to tip over to the left. Berman claimed to his left shoulder, foot and ribs. Berman sued the paving contractor working on the repaving construction project, Knife River Corp. Berman alleged Knife River was negligent for failing to adequately warn of, or mark off, the subject construction area. Berman originally named the state of California and the California Department of Transportation as defendants, but both parties were dismissed from the case early in the proceedings. Thus, the matter proceeded to a jury trial where Berman appeared in pro per. Berman contended that Knife River failed to mark off the construction site, specifically the lip — a 2.4-inch pavement elevation differential — that the tires of his motorcycle struck. He claimed that due to the lack of proper signage, he did not see the lip and crashed his motorcycle. Thus, Berman contended that Knife River should have provided signage, markers and/or other warning devices to indicate where the ground-off old pavement ended. Knife River claimed that the construction site had more than the necessary signage in place. Its counsel contended that the lip/pavement elevation differential was clear and obvious and that it was marked with an “uneven pavement” sign. Thus, defense counsel argued that Berman was fully at fault for the accident., On the day of the accident, Berman went to a medical clinic and hospital with complaints of left shoulder, left foot, and left-sided rib pain. He followed up with physical therapy and foot massage therapy for a few visits. Berman claimed that while his shoulder and rib have resolved, he still experiences ongoing left foot pain. He alleged that as a result, he has difficulty walking long distances and can no longer run. Thus, he sought recovery of general damages at trial. Due to a pre-trial ruling on an evidentiary preclusion motion by Knife River’s counsel during discovery, Berman was barred from claiming special damages at trial. As such, there was no medical or lost-earnings testimony at trial.