On the morning of June 17, 2010, plaintiff Darryl Johnson, 52, a street performer/artist, was driving his Jeep Liberty on Interstate 80, heading from Dixon and to San Francisco, when he encountered stop-and-go traffic near the city of Albany. As he came to a stop 100 feet west of Central Avenue, he was rear-ended by an 18-wheeler leased by Guittard Chocolate Co. and operated by Edward Hitchcock. The impact subsequently caused a five-car chain reaction accident, as the crash caused Johnson’s vehicle to strike the vehicle in front of it, causing that vehicle to strike the vehicle in front it, and so on. However, Johnson claimed that the second vehicle in the line of five vehicles, which was driven by Daniel Rogers, caused the accident by first rear-ending the vehicle in front of him, requiring the traffic behind him to come to an abrupt stop. Johnson sued Rogers, Hitchcock and Guittard Chocolate. He alleged that Rogers and Hitchcock were negligent in the operation of their respective vehicles, and that Guittard Chocolate was vicariously liable for Hitchcock’s actions. Rogers denied liability, alleging that his actions did not cause Hitchcock’s collision with Johnson. Guittard Chocolate claimed that Hitchcock was an independent contractor and not one of its employees. Thus, it claimed that it was not responsible for Hitchcock’s actions., Johnson sustained a right leg laceration and muscle strain in the right calf, resulting in a limp. He also claimed an injury to his left trapezius muscle, which is a large, superficial muscle that spans the neck, shoulders and back. Johnson was subsequently taken by ambulance to Doctors Medical Center in San Pablo, where X-rays were taken. He was later released with medications and instructions to see his personal physician, and both the laceration and limp healed within three months. However, Johnson alleged that the trapezius muscle injury continued to cause him pain and discomfort. As a street performer/artist who played a saxophone and sold CDs at the fisherman’s wharf area in San Francisco, Johnson claimed a loss of earnings due to the trapezius muscle injury, since the injury precluded him from playing his saxophone for more than three hours a day. He alleged that he previously earned an average of $6,000 a month, or $72,000 a year from at least 2002 up to the date of the accident, but that in the years following the accident, he suffered future earning capacity impairment and loss of earnings of $450,000. Thus, plaintiff’s counsel argued for an award of $980,000 for Johnson’s total damages, including approximately $8,000 worth of damages to Johnson’s vehicle. Rogers’ counsel contended that Johnson’s soft-tissue should have resolved with six to eight weeks, and that no future medical treatment was indicated. Counsel also noted that Johnson did not produce any records to support his alleged earnings loss because Johnson dealt in cash, did not use a bank, did not keep any written records, and did not report his income or file tax returns. Counsel for Hitchcock and Guittard Chocolate argued that there were no objective findings to support ongoing shoulder symptoms and that Johnson was exaggerating his symptoms. Counsel also noted that Johnson’s only evidence of his wages was his own testimony because he did not pay any taxes.