On Sept. 16, 2013, plaintiff Anthony Rossi, 38, a California Highway Patrol motorcycle officer, was operating a motorcycle on Interstate 580, also known as the Arthur H. Breed Jr. Freeway, in Pleasanton, while in the course of his employment. When traffic slowed down in the number one lane, a BMW M3 operated by James Knuppe moved from the number one lane into the number two lane, striking Rossi’s motorcycle with the passenger side of the BMW. Rossi claimed of the neck and head. Rossi sued the driver of the BMW, James Knuppe, alleging that Knuppe was negligent in the operation of the vehicle. Rossi claimed that he was traveling between 50 and 55 mph in the number two lane of I-580 when Knuppe darted out of the number one lane and struck him. Thus, he claimed that Knuppe failed to keep a proper lookout and made an unsafe lane change. Defense counsel argued that Rossi was lane-splitting, which is riding a motorcycle or bicycle between lanes, or rows of slow-moving or stopped traffic, moving in the same direction. Counsel contended that although lane-splitting is legal in California, Rossi was speeding and should have anticipated Knuppe’s lane change. In response, Rossi denied that he was lane-splitting at the time of the crash., Rossi claimed he suffered extruding cervical discs at the C3-4 and C4-5 levels, and a closed head injury, resulting in a loss of consciousness. He also suffered from road rash and lower back pain. Rossi was subsequently placed in an ambulance and transported to ValleyCare Medical Center, in Pleasanton. He treated his cervical with Transcutaneous Electrical Nerve Stimulation (TENS) and a cervical traction unit. He also had numerous visits with a physiatrist and underwent a trigger point injection in August 2016. Rossi claimed that he suffers from post-concussion syndrome, resulting in continued instances of dizziness, vertigo and headaches. He also claimed he has diminished executive functioning as a result of his head injury. Rossi alleged that his diminished executive functioning has impacted his family life and job performance. He also alleged that his neck can no longer support the weight of the helmet required for riding a motorcycle. Rossi claimed that as a result, he was not able to return to employment on motorcycle duty and now works in the Mobile Road Enforcement Unit at a reduced salary. Thus, Rossi sought recovery of past medical costs, past and future loss of earnings, and damages for his past and future pain and suffering. Defense counsel disputed the extent of Rossi’s alleged and argued that Rossi was able to return to work in some capacity. The defense’s expert orthopedic surgeon opined that Rossi’s cervical discs were not extruded, but, instead, were bulging as a result of aging, and not caused by trauma. The expert also opined that Rossi’s accident-related pain subsided within 18 months of the accident and that any discomfort that Rossi continued to have was related to pre-existing arthritis in his neck.