On Feb. 8, 2013, plaintiff Javier Navarro, 30, a laborer, was working at a work site, in San Jose. As he was walking while holding a piece of lumber, he was struck on the front right side of his body by a truck that was being operated by a co-worker, Miguel Plascencia, who was backing up on the work site premises. Navarro subsequently fell to the ground, causing the lumber he was holding to fall on top of him. As a result, he sustained to his collarbone and neck. Navarro sued Plascencia, alleging that Plascencia was negligent in the operation of his vehicle. Specifically, Navarro claimed that Plascencia failed to keep a proper lookout when backing up his truck., After the accident, Navarro presented to an occupational health clinic and underwent X-rays. It was determined that he sustained a fracture of his right clavicle. As a result, he followed up with an orthopedist and treated his with a combination of physical therapy, anti-inflammatory drugs and prescription pain medication. Navarro also occasionally used a sling for extra support. Navarro’s healed without surgery. He missed approximately five months of work following the accident. Since the incident occurred on a work site, Navarro was eligible for workers’ compensation coverage, and his claims for medical costs and lost wages were distributed by his employer. Thus, Navarro claimed past-pain-and-suffering damages of approximately $15,000, Plascencia’s auto insurance policy limit. However, because Plascencia’s insurer spent $1,000 to settle Navarro’s workers’ compensation lien, Navarro’s counsel sought to have Navarro recover $14,000 in damages.