On July 12, 2010, plaintiff Nick Murak, a disabled 48-year-old, was transported by a wheelchair-accessible van to a dialysis center in Santa Monica. He claimed that when the driver dropped him off in a no-stopping zone in front of the building on Santa Monica Boulevard, he attempted to exit through the passenger side door and fell to the ground. Murak claimed to his ribs, head, knee and elbow. Murak sued the driver’s employer and owner of the van, West Coast Ambulance Corp. He alleged that the driver was negligent in the operation of the vehicle and that West Coast was vicariously liable for his actions. Murak claimed that the driver unsafely dropped him off in a no-stopping zone and that he should have been dropped off in the back of the center, where he was accustomed to being let out. He also claimed that as a result of his compromised medical condition and weak legs, the driver should have assisted him in exiting the van. West Coast claimed that Murak yelled at the driver and told him to stop in front of the building or that he would jump out of the moving van. Thus, it claimed that its driver was not negligent and that Murak made the driver stop in the no-stopping zone. In addition, the driver claimed that Murak did not fall, but merely sat down on the curb., Murak was taken from the scene of the incident by ambulance and taken to an emergency room. He sustained two broken ribs and claimed to have hit his head when he fell. Murak also claimed soft-tissue to his knee and elbow. He subsequently spent eight nights in the hospital before being released. Murak claimed that he developed pneumonia within a few days of being released as a result of being highly susceptible to the condition due to his broken ribs shortening his breaths and preventing him from clearing normal lung secretions. Subsequently, he was readmitted to the hospital from July 24, 2010, to July 31, 2010. Murak claimed that while his conditions healed within six months, he still has occasional aches and pains in his ribs. Thus, he asked the jury for $28,463.63 in damages for past medical costs and $100,000 in damages for his pain and suffering. Defense counsel argued that Murak did not fall and that if he did, he did not get injured. Counsel also argued that if the medical treatment received by Murak was related to the incident, it was his own fault, and that his care was inconsistent with his alleged . Defense counsel contended that Murak’s acute rib fractures did not show up until well after the accident and that the injury could have been caused by him coughing. Counsel further argued that Murak’s pneumonia was totally unrelated to the incident in question.