On Dec. 29, 2011, at about 8 a.m., plaintiff Ann Banks, 68, was driving to the Beverly Hills Country Club, where she worked as a membership director, encountered a Peterbilt trailer truck parked along the curb line at 241 Moreno Drive, just in front of Beverly Hills High School in Beverly Hills, with its trailer ramp down, unloading a Caterpillar backhoe. Banks drove up the side of the trailer ramp, resulting in her vehicle falling off the ramp and trailer and landing on the street on its driver side, within the roadway. Banks sustained to her neck, wrist, left breast and chest. Banks sued Pler Inc., which was doing business as Pipeline Equipment Rental. Banks’ counsel contended Banks did not see the trailer ramp, which was low to the ground, and impeding into her lane of travel. Plaintiff’s counsel contended the ramp blended with the roadway and was not clearly marked with any advance warning signs. There were no cones, flashing lights, flags or markers of any kind to warn of the lowered ramp, which also blocked the trailer’s taillights. Banks’ safety expert testified advanced warning signs were necessary. Whether the party sued was required to have a permit from the city of Beverly Hills was disputed. The worker had a permit from Los Angeles County, but not Beverly Hills. The Beverly Hills Person Most Qualified testified Beverly Hills requires a permit for this type of work, and testified that any permit issued for this type of work would have required the undertaking party to have some form of advanced warning at the site, most likely a flagman. Defense counsel contended Banks should have seen the parked trailer, but didn’t because she was distracted on her cell phone. The defense argued that Banks testified the sun was not a factor, though expert testimony indicated it may have been, and that she still had eight feet of clearance between the side of the trailer and the yellow center line, which was sufficient space to pass. Further, the defense maintained there was a man at the location wearing a fluorescent yellow vest, but the defense conceded the man was standing about 80 feet away, on the lawn of the high school, when the accident occurred. The defense’s traffic expert testified a permit is not necessary and that advanced warning devices also were not necessary. The worker testified he was seated in the Caterpillar backhoe with his back to Banks, but turned when he heard Banks hit the trailer and in that moment saw Banks with her cell phone in hand, as she fell from the ramp and trailer. Banks disputed she was distracted on her cell phone and contended her cell phone was in her purse. Banks produced cell phone records showing the first call she made that day was at 8:06 a.m. and produced the 911 call log which shows the 911 call came in at 8:04 a.m., Banks refused treatment at the scene of the accident by the City of Beverly Hills Fire Department. Banks presented to UCLA Medical Center later in the day. She was treated for a neck strain and left wrist bone bruise and released. On Jan. 19, 2012, Banks returned to UCLA Medical Center concerning left breast pain and deformity. Later, on Jan. 27, 2012 she was referred to an expert neurologist and treating physician for evaluation of a concussion. One day later, Jan. 28, 2012, Banks was referred to her expert psychologist and treating physician, for evaluation of anxiety/depression symptoms. In addition, on Feb. 1, 2012 she was referred to Beverly Hills Center for Physical Therapy and Rehabilitation, where she had physical therapy from Feb. 1, 2012 through July 26, 2012. Later, on Feb. 13, 2012 Banks presented to her treating plastic surgeon for repair of a ruptured left breast implant. Banks’ last physical therapy treatment on July 26, 2012 noted that her condition had resolved. Banks’ last visit to her expert psychologist and treating physician was on Sept. 18, 2012, which noted that she would benefit from future psychotherapy and additional psychiatric treatment. Banks claims she was unable to work for eight months post-accident and her loss of earnings was $20,800. Defense counsel claimed Banks never returned to work at any time and simply retired.