In the early morning hours of Sept. 26, 2010, plaintiff Lorenzo Carlos, 62, a forklift operator, was loading wooden pallets onto the flatbed of a big rig truck operated by Anthony Espindola at a warehouse yard in Modesto. At approximately 4 a.m., Espindola’s truck reversed into Carlos’ forklift, which had a load in tow, causing the forklift to fall over. As a result, the forklift landed on top of Carlos’ left foot, causing a crush injury that eventually led to a below-the-knee amputation. Carlos sued Espindola. He alleged the defendant was negligent in the operation of his vehicle. Carlos claimed that Espindola took inadequate precautions in the operation of his truck while the wooden pallets were being loaded. He contended that the defendant failed to use adequate safety measures, including not honking his horn before backing up and failing to use a spotter, which could have both notified him of the reversing vehicle and prevented the accident. Espindola did not dispute liability for the accident., Carlos suffered a crush injury to his left foot. His wife subsequently took him to an emergency room, where doctors tried to reconstruct the bones of his toes with wiring. However, Carlos’ foot became gangrenous with no circulation, leading to a below-the-knee leg amputation within days of the accident. Thereafter, Carlos was fitted with a prosthetic leg and followed up with some physical therapy. Carlos claimed that he can no longer work due to his disability and that he has to have his prosthesis refitted on occasion. He also claimed that he can no longer walk long distances or go hiking, due to the discomfort to his left knee and wear on his prosthetic foot. Thus, Carlos claimed $177,000 in past medical costs, the majority of which was covered by health insurance. He also sought recovery of damages for his future medical costs, past and future lost earnings, and past and future pain and suffering. Defense counsel contended that Carlos had a possible neuroma (from diabetes) in his left foot prior to the accident, and that he would have most likely lost the foot to infection anyway.