At 7:30 a.m. on June 11, 2012, plaintiff Michael Rieth, 45, a communications manager, was on his way to work, riding a motorcycle in stop-and-go traffic on the westbound 105 freeway. When he was near the Interstate 710 interchange, Rieth was traveling 50 mph in the median area between the set of double-yellow lines delineating the high-occupancy vehicle (HOV) lane and the fast lane. At the same time, Los Angeles County Sheriff’s Deputy Edmundo Torres, who was in a marked unit, crossed the double-yellow lines divider to enter the HOV lane in order to get out of traffic. As a result, Rieth’s motorcycle struck the left, front of the patrol car, causing Rieth to come off the bike and slide 150-feet down the road. He subsequently sustained to his right leg. Rieth sued Torres and Torres’ employer, the county of Los Angeles. Rieth alleged that Torres was negligent in the operation of his vehicle and that the county was vicariously liable for Torres’ actions through the course and scope of his work. Plaintiff’s counsel argued that Torres’ actions were in violation of department policy, illegal and unsafe. Counsel also argued that Torres negligently entered the HOV lane. Torres was ultimately dismissed from the case at the start of trial, and the county admitted vicarious liability for Torres’ negligence. However, the county’s counsel argued that Rieth was to blame for the accident, as Rieth was illegally traveling at an unsafe speed and in an unsafe manner., Rieth suffered a mid-shaft fracture of the right tibia and fibula, and three fractured bones in the right foot. He was subsequently transited to a hospital, where he underwent open reduction to repair the leg fractures that same day. Several weeks later, he underwent a surgical repair of his foot fractures. Rieth claimed that he continues to suffer pain when he walks. He alleged that as a result, he will require surgeries, orthotics, and pain management to treat his right foot condition. Thus, Rieth sought recovery of past medical costs and $125,423.28 for the future medical care of his foot. He also sought recovery of damages for his past and future pain and suffering. Rieth’s wife, Elizabeth, sought recovery for her loss of consortium. Defense counsel disputed Mr. Rieth’s need for further surgeries.