On Oct. 21, 2010, at approximately 2 p.m., plaintiff Michael Lindsey, 52, a self-employed man, was riding his motorcycle on San Felipe Road in San Jose when a vehicle operated by Hector Martinez allegedly merged into Lindsey’s lane of travel, causing Lindsey to swerve and crash his motorcycle to the ground. Lindsey claimed to his left ankle and right toe. Lindsey sued Hector Martinez and the owner of his vehicle, Gloria Martinez, his mother. Lindsey alleged Mr. Martinez was negligent in the operation of his vehicle and that Ms. Martinez was negligent in the entrustment of the vehicle to her son, making her vicariously liable for his actions. Lindsey claimed that Martinez negligently merged into his lane, causing him to swerve and crash his motorcycle. Mr. Martinez did not dispute liability for the accident., Lindsey sustained a left ankle sprain, as well as scrapes and bruises. He was also diagnosed with lymphedema and he claimed he suffered a possible fracture to his right toe. Lindsey was subsequently taken from the scene of the accident by ambulance and brought to an emergency room, where he was treated and released. He then followed up with several months of physical therapy for his ankle. Lindsey claimed his have mostly resolved, and that he currently doesn’t seek any further care. Thus, he sought recovery of roughly $53,000 in past medical costs and an unspecified amount of damages for his pain and suffering.