On May 5, 2011, plaintiff Emanuele Secci, 43, a freelance video editor for CBS News and a classically trained pianist, was riding his motorcycle on westbound Santa Monica Boulevard, in West Hollywood. At approximately 10:45 p.m., while crossing the intersection with Laurel Avenue, Secci crashed into the front, passenger side of a taxicab operated by Aram Tonakanian, who was attempting a left turn from eastbound Santa Monica Boulevard onto northbound Laurel Avenue. Secci claimed to his left wrist, left heel, and right shoulder. Secci sued Tonakanian; the believed owner of the taxi, Arnold Nikogosyan; and Tonakanian’s employer, United Independent Taxi Drivers Inc. Secci alleged that Tonakanian was negligent in the operation of the vehicle and that Nikogosyan and United Independent Taxi Drivers were vicariously liable for Tonakanian’s actions. Although Nikogosyan was the registered owner of the taxi, he was ultimately dismissed from the case after it was discovered that he had sold the car to Tonakanian before the accident. United Taxi of the South-West was also added to the complaint, but it was not served prior to the commencement of the first trial. In addition, Tonakanian agreed to tender his $100,000 policy limits and was dismissed prior to the commencement of the first trial. On Jan. 23, 2014, a jury found that Tonakanian was at fault for the accident and that United Independent Taxi Drivers was liable for his actions. It also found that Secci’s damages totaled $193,999. Judgment against United Independent Taxi Drivers would have been offset in light of the prior settlement. However, counsel for United Independent Taxi Drivers filed a motion for new trial based in part on the court’s refusal to give an independent contractor instruction to the jury and based on the jury awarding damages for future pain and suffering with allegedly no substantive evidence to support the claim. The court ultimately granted the motion for a new trial based upon the failure to give the requested jury instructions. Thus, the matter proceeded to a retrial against United Independent Taxi Drivers and United Taxi of the South-West on the claim that they were liable for Tonakanian’s actions because he was their agent. During the retrial, Secci claimed that he was traveling straight on a green light and that Tonakanian attempted an unsafe left turn in front of him. Thus, he claimed that Tonakanian failed to yield to oncoming traffic at the subject intersection. Defense counsel contended that United Independent Taxi Drivers and United Taxi of the South-West were not responsible for the acts of Tonakanian, as Tonakanian was not an employee, but, rather, an independent contractor. Counsel also argued that Secci was at fault for the accident. The defense’s accident reconstruction expert opined that Secci was inattentive as he approached the subject intersection and that Secci could have avoided the collision., Secci sustained a fracture of the left wrist, and bruises to his left heel and right shoulder. He also claimed he was dazed and confused following the accident. As a result, Secci was taken by ambulance to an emergency room and, on May 10, 2011, he underwent open reduction with internal fixation on his left wrist. He then treated with physical therapy through August 2011. Secci claimed residual pain and discomfort in his left wrist with limited range of motion. He alleged that as a result, he is now limited in playing the piano. Thus, Secci sought recovery of $33,999 in past medical costs, $100,000 in damages for his past pain and suffering, and $200,000 in damages for his future pain and suffering. Counsel for United Independent Taxi Drivers and United Taxi of the South-West contended that Secci over treated with physical therapy. Counsel also contended that Secci had not received medical treatment for 2.5 years, despite complaining of residual wrist pain.