On March 8, 2013, at approximately 8:12 a.m., plaintiff Sebastian Gutierrez, 14, a freshman high school student, was riding his Grey BMX bicycle to school, traveling south on the sidewalk located on the eastern side of Blossom Avenue, in San Jose. As he attempted to cross Santa Teresa Boulevard, Sebastian was struck by a 2004 Silver Volvo 540 operated by Karolina Gorgolewski, who was traveling in the right designated turn lane on westbound Santa Teresa Boulevard, near the intersection with Blossom Avenue. The impact caused Sebastian to be thrown off his bicycle and fall to the pavement, his face. Sebastian sued Karolina Gorgolewski and the co-owner of the Volvo, Jan Gorgolewski. Sebastian alleged that Karolina Gorgolewski was negligent in the operation of the Volvo and that Jan Gorgolewski, was vicariously liable for Karolina Gorgolewski’s actions. Sebastian contended that the light at the intersection was red and that the crossing guard was aiding pedestrians to cross. However, he contended that Karolina Gorgolewski did not stop at the intersection, despite seeing the crossing guard holding up his sign up to let pedestrians cross. According to the police report, Gorgolewski continued her right turn at approximately 10 to 15 miles per hour, but Sebastian claimed that he believed that Gorgolewski was traveling at a much higher speed. Sebastian further claimed that he saw the crossing guard on his side and proceeded through the connecting intersection to the island and that he had enough time to almost completely make it through the connecting intersection, but that the back of his bicycle was struck by the front, left bumper of Gorgolewski’s vehicle. Defense counsel contended that Sebastian should not have been riding his bicycle in the crosswalk, but walking it across the road. Counsel also contended that Sebastian was not wearing his helmet at the time of the accident. In response, plaintiff’s counsel asserted that Gorgolewski should not have hit Sebastian while he was in the crosswalk, regardless of whether he was walking or riding his bicycle, and regardless of whether he was wearing or not wearing a helmet., Sebastian sustained a deep laceration to his face and multiple other bruises, lacerations, and abrasions on his body and extremities. However, he suffered no fractures. Sebastian was transported by ambulance to Santa Clara Valley Medical Center, in San Jose, where he was treated and released. Sebastian claimed that the facial laceration left a scar close to his left eyebrow and that the scar is clearly visible. He also claimed that plastic surgery might fix the scar, but it could leave him with no hair regrowth on the eyebrow. As a result, Sebastian has not had the reconstructive surgery yet, but he claimed he plans to do so.