On March 19, 2015, plaintiff Anthony Ghanayem, 26, was driving north on Laguna Honda Boulevard, in San Francisco, when his lane merged with the lane next to him, where Alofaga Tagaloa, an on-duty, uniformed San Francisco Paratransit van driver, was operating an SF Paratransit van in the same direction. When Ghanayem pulled ahead of Tagaloa’s vehicle, Tagaloa started to tailgate Ghanayem. After stopping for a red light at the intersection of 7th Avenue and Warren Drive, Ghanayem exited his vehicle and approached Tagaloa’s van. As a result, Tagaloa also exited his vehicle, and a physical altercation ultimately occurred between the two drivers in the middle of the street. During the altercation, Tagaloa, who is 6-foot, 1-inch tall and 250 pounds, punched Ghanayem, who is 5-foot, 8-inches tall and 150 pounds, repeatedly in the head with both fists. Ghanayem sued Tagaloa and Tagaloa’s employers, Transdev Services Inc. and the city and county of San Francisco. Ghanayem alleged that Tagaloa’s actions constituted assault and battery and that his employers were vicariously liable for Tagaloa’s actions while in the course and scope of his employment. The city and county of San Francisco was ultimately dismissed from the case prior to trial. In addition, Tagaloa was dismissed from the case, but Transdev Services remained vicariously liable for his alleged conduct. Ghanayem claimed that he exited his vehicle while stopped at the red light so that he could speak with Tagaloa and take a picture of Tagaloa’s license plate so that he could report Tagaloa’s aggressive and dangerous driving. However, he claimed that Tagaloa also exited his vehicle and immediately took a swing at him. Plaintiff’s counsel contended Transdev Services knew about Tagaloa’s violent conduct because witnesses of the battery called the company to report what had occurred. However, counsel asserted that rather than conducting a thorough investigation into the matter and disciplining Tagaloa for his actions, Transdev Services, instead, put Tagaloa on administrative leave for one week, most of which was paid, and then had Tagaloa return to work for regular duty. Plaintiff’s counsel also noted that less than four months after Tagaloa assaulted Ghanayem, Tagaloa was given a pay raise. Counsel added that from July 2015 to October 2015, Transdev Services issued verbal and/or written warnings to Tagaloa regarding several other transgressions, such as failing to come to a complete stop at a red light, failing to collect fare from a passenger, failing to attend a safety meeting, and giving rides to unauthorized individuals. Thus, plaintiff’s counsel asserted that Transdev Services was vicariously liable for Tagaloa’s actions. Defense counsel asserted that prior to the altercation, Ghanayem and Tagaloa engaged in classic road rage behavior. Counsel acknowledged that Ghanayem cut off Tagaloa and that Tagaloa allegedly tailgated Ghanayem, but contended that Ghanayem responded by braking repeatedly, flipping off Tagaloa, and throwing a cigarette out his window. It was undisputed that both drivers exited their vehicles and that a physical altercation occurred in the middle of the street. Thus, defense counsel noted that Transdev Services investigated the incident and immediately placed Tagaloa on one week’s leave. However, counsel asserted that Tagaloa was never criminally charged in connection with the incident and that Transdev Services understood from its investigation that Tagaloa acted in self-defense. Defense counsel contended that as a result, Transdev Services docked Tagaloa’s pay and issued a written warning to Tagaloa that further incidents would result in termination. Counsel further contended that, prior to the incident, Tagaloa had been a model employee, that Tagaloa’s background check was clean, and that no incidents involving Tagaloa occurred either prior to, or subsequent to, the altercation., Ghanayem claimed that while he was not unconscious, he recalled being in an altered state of consciousness during the attack. After being evaluated by medical responders, he chose to drive himself home because be only lived a few blocks from the scene of the incident. However, later that day, he had a severe headache and went to a Kaiser facility, where a CT scan was performed and came back negative. Plaintiff’s counsel contended that Ghanayem suffered a complicated mild traumatic brain injury, which was demonstrated by evidence of bleeding in his brain, as seen in an MRI taken in July 2016. Ghanayem also claimed he suffered emotional and cognitive damages as a result of the incident and that he will continue to suffer numerous symptoms for the rest of his life. Ghanayem did not claim any loss of future earnings and he will not require any attendant care as a result of his . However, plaintiff’s counsel asserted that Transdev Services’ failure to discipline Tagaloa for his behavior was ratification of the misconduct and allowed for punitive damages. Defense counsel disputed the cause and extent of Ghanayem’s . Counsel noted that witnesses to the altercation indicated that Ghanayem never lost consciousness and that Ghanayem declined transport to a hospital. Defense counsel added that Ghanayem even drove home after the incident, and was later driven to an emergency room by a family member. Counsel also contended that Ghanayem was diagnosed with a concussion based on subjective complaints at the E.R., that no loss of consciousness was reported at that time, and that no CT scan was ordered. In addition, defense counsel contended that Ghanayem continued to work after the incident, and sought no treatment for his alleged .