On Nov. 25, 2010, at approximately 5:22 p.m., plaintiff Cory Stone, 24, a gas station cashier, was standing in the middle of Harris Street in Eureka, specifically in the center left turning lane, waiting for westbound traffic to clear so that he could complete crossing the street. While standing there with his skateboard, Stone was struck and run over by a pickup truck with an extended cab that was operated by David Nunemann, who had pulled into the center left turning lane. Stone claimed to head, back, right leg and ankle, pelvis, and left lung. Stone sued Nunemann. He alleged the defendant was negligent in the operation of his vehicle. Specifically, Stone claimed that Nunemann was negligent for pulling into the center left turning lane without checking to see if there was a pedestrian there waiting to cross. Plaintiff’s counsel contended that the deposition testimony of the responding California Highway Patrol officer and Nunemann established that Stone was not darting out into traffic, but rather simply waiting for traffic to clear to complete crossing the street. Nunemann claimed that Stone was comparatively negligent for wearing dark clothing with no helmet or head lamp, or any reflective gear either on his clothing or skateboard at the time he was struck. Defense counsel noted that the California Highway Patrol officer responding to the scene concluded that Stone was at fault for the incident by crossing the roadway outside of the marked crosswalk., Stone was airlifted from the scene of the accident and brought to an emergency room. He sustained fractures to the pelvis, lumbar vertebra at the L1 level and to the right ankle’s medial malleolus and fibula. He also claimed a left, lower lung contusion, as well as a closed head injury and concussion. On Nov. 26, 2010, Stone underwent a posterolateral fusion at the T11-12 and L1-2 levels, as well as a pedicle screw fusion at the T11 and L2 segmental levels and a decompression laminectomy at T12-L1 level. He also underwent open reduction and internal fixation surgery at the right medial malleolus. Stone required a hard plastic thoracic brace several months after the spinal surgery, and progressed from a wheelchair to a walker to crutches to finally being able to walk again, over the course of five months. He claimed his will still preclude him from doing blue-collar-type laboring work, as he will continue to suffer from pain and discomfort. Thus, Stone claimed $300,000 in billed medical expenses, of which approximately $27,000 was paid per County Medical Services Program, and also sought recovery of damages for his past and future pain and suffering.