On Wednesday, Feb. 22, 2012, at around 10:32 a.m., claimant Scott Merrill, 48, a warehouseman for Castle & Cooke Cold Storage, was driving his 1994 Gray Toyota pick-up truck on southbound Rimpau Avenue in Corona when his vehicle entered the intersection with Ontario Avenue and was struck head-on by a vehicle operated by Peter Sotos. Merrill sustained to his face, arm and leg. Merrill brought a claim against Sotos, alleging that the respondent was negligent in the operation of his vehicle. Merrill alsosought further recovery via the supplementary-underinsured-motorist provision of his own insurance policy, which was administered by Allstate Insurance Co. Merrill claimed that he was traveling on a green traffic signal through the intersection when Sotos, suddenly and without warning, attempted to make a left turn in front of him. Merrill’s counsel contended that the traffic collision report noted that Sotos was mailed a citation for violating California Vehicle Code § 21453(C), failure to stop at red arrow. Sotos did not contest liability., Merrill lost consciousness at the scene and was taken to a hospital for treatment. He also sustained a comminuted fracture of the right leg’s proximal fibula with marrow edema, a concussion, a cervical strain, a contusion to his left non-dominant forearm, and facial lacerations, which required suture repair. The fracture was inoperable, and required rest and pain medication only. In addition, Merrill was instructed on a home regimen of physical therapy for his cervical strain. Merrill’s counsel contended that approximately $1,800 was paid in reimbursement for the medical services rendered. Merrill’s wife, Ilse Merrill, sought recovery of damages for her loss of consortium.