On Aug. 31, 2010, at approximately 6:55 p.m., plaintiff David Lewis, 56, a law enforcement teacher and retired public safety officer, was riding his motorcycle on northbound Main Street in Milpitas when he collided with an unmarked undercover police truck operated by San Jose Police Officer Theodore Davis. The officer was attempting a left turn into a parking lot from southbound Main Street, while conducting surveillance of a drug suspect at the time of the accident. The collision knocked Lewis off his motorcycle, propelling him over the front hood of the truck. Lewis claimed to his right elbow and wrist, as well as multiple body contusions. Lewis sued Davis and his employers, the San Jose Police Department and the city of San Jose. Lewis alleged that Davis was negligent in the operation of his vehicle, and that the SJPD and the city were vicariously liable for his actions. Lewis claimed that Davis did not signal when he attempted the left turn and failed to yield the right of way in violation of the Vehicle Code. He also claimed he saw Davis using a communication device while making the turn. The defendants admitted that Davis was negligent while in the course and scope of his employment, and that it was Davis’ negligence that was a cause of the accident. However, defense counsel argued that Lewis was comparatively at fault for being inattentive on his motorcycle., Lewis was taken from the scene of the accident by ambulance and brought to an emergency room. He sustained fractures to the radial head of his right, non-dominant elbow and distal radius of his right wrist. Lewis also sustained multiple contusions to his body. He underwent open reduction and internal fixation surgery on his elbow and wrist the day after the accident, and followed up with 10 months of physical therapy. Following the initial treatment, Lewis claimed he received some return of function and range of motion in his right arm. However, he was eventually diagnosed with an Essex-Lopresti injury to his right arm, based upon the bone shortening, the disruption of the wrist joint and the tearing of the interosseous ligament. As a result, Lewis underwent a second surgery on July 10, 2012, to remove both the radial and ulnar heads and replace them with implants, which also included the placement of a cadaver interosseous membrane into his right arm. At trial, he claimed that the outcome of the surgery was still unknown, and that he was still experiencing significant range of motions limitations and ongoing pain. Lewis claimed he missed some time from work during his recovery, and missed the chance to teach extra classes and earn income as he had been doing at the time of the accident. Thus, Lewis stipulated to $98,048.73 in past medical costs. Plaintiff’s counsel asked the jury to award Lewis damages, including $57,703.52 for future medical costs that included additional surgery, $48,869.80 for past lost earnings, $99,000 to $200,000 for future lost earnings, $875 for past gardening expenses, $15,000 for future gardening expenses, $250,000 for past pain and suffering, and $821,253 for future pain and suffering. Defense counsel contended that Lewis could return to work full-time and mitigate his damages. Although Lewis’ past medical expenses were stipulated to, defense counsel disputed the amount of damages alleged by Lewis’ counsel. Instead, defense counsel suggested $2,700 for future medical costs, $25,835.40 for past lost earnings, $9,811.20 for future lost earnings, $875 for past gardening expenses, $750 for future gardening expenses, $75,000 for past pain and suffering, and $25,000 for future pain and suffering.