On June 9, 2010, plaintiff Luke Davies, 32, a real estate developer, was operating his motorcycle on eastbound Sunset Boulevard, near the intersection with La Cienega Boulevard, outside the Grafton Hotel in West Hollywood, when a taxicab pulled out in front of him. As a result, Davies applied the brakes in an attempt to avoid contact and subsequently lost control of his motorcycle and fell to the ground. (He did not purposely lay down his bike.) There was no contact between Davies’ motorcycle and the taxi, and the driver of the taxi did not stop or remain at the scene. Davies claimed to his right knee, left hip, and cervical spine. Davies sued the believed operator of the cab, Ruben Popovian (also known as Robert Popovian); the owner of Popovian’s taxicab, Iosif Faynshteyn (also known as Joseph Feinstein); Popovian’s employer, L.A. Checker Cab Cooperative Inc.; and the president of L.A. Checker Cab, Yevgeny Smolyar (also known as Eugene Smolyar). Davies alleged that Popovian was negligent in the operation of the taxicab and that Faynshteyn, Smolyar and L.A. Checker Cab were vicariously liable for Popovian’s actions. He also alleged that L.A. Checker Cab was liable for Popovian’s actions while he was in the course and scope of his work for the company. Smolyar was ultimately dismissed from the case before trial. Davies claimed that an L.A. Checker Cab taxi was parked along a curb when it unsafely pulled out into the roadway, causing him to lose control of his motorcycle and fall to the ground. He alleged that the taxi fled the scene, but that he was able to identify the vehicle as a L.A. Checker Cab. However, Davies admitted that he was unable to obtain a cab number or license plate number, and that he could not identify the driver. Plaintiff’s counsel contended that GPS data established that Popovian’s cab was at the vicinity at the time of the collision and that Popovian had initially told L.A. Checker Cab that he was at the location at the time of the incident. However, counsel contended that L.A. Checker Cab failed to report the incident, failed to take any disciplinary action against Popovian, and denied in discovery responses that Popovian was at the subject location at the time of the incident. Thus, plaintiff’s counsel argued that L.A. Checker Cab ratified Popovian’s negligent conduct. In addition, counsel noted that in order for L.A. Checker Cab to operate in the city of West Hollywood, it had to obtain a franchise agreement with the city, which stated that L.A. Checker Cab agreed to be responsible for the actions of its drivers. Thus, plaintiff’s counsel argued that L.A. Checker Cab was liable for Popovian’s actions. Defense counsel disputed liability and the events surrounding the accident. Counsel argued that L.A. Checker Cab was not involved in the incident and that even if it was involved, the cab driver did nothing wrong. Defense counsel contended that Davies was solely to blame of the accident, in that Davies was inattentive and overreacted. Counsel further contended that had Davies applied both the front and rear brakes, he could have safely stopped his motorcycle. In addition, counsel for L.A. Checker Cab argued that Popovian was an independent contractor, so L.A. Checker Cab could not be held liable for his actions., Davies sustained several abrasions, as well as a laceration of his right knee. He also claimed an aggravation of degenerative arthritis in the cervical and lumbar spine, and a hip injury. Davies was subsequently taken to an emergency room, where his abrasions were cleaned and X-rays were taken. The knee laceration then became infected and required IV antibiotics for a few days. He also ultimately underwent arthroscopic surgery of the hip. Davies sought recovery of $71,765 in past medical costs and $110,000 in future medical costs. He also sought recovery of damages for his past and future pain and suffering. Defense counsel admitted that Davies sustained a knee laceration that became infected and required a few days of IV antibiotics. However, the defense’s medical experts opined that Davies had pre-existing spinal degeneration and that the incident only caused a sprain and/or strain that healed within a few months.