On Nov. 20, 2009, plaintiff Gabriela Flores, an unemployed woman in her 40s, was driving from Las Vegas to Needles, Calif., on U.S. 95 South in an unincorporated part of San Bernardino County. When she was about 15 miles south of the California/Nevada border, traveling at 65 mph, her vehicle went out of control and left the roadway, ending up on the right, compact dirt shoulder. When Flores tried to regain control, her vehicle flipped and rolled over multiple times. Flores claimed head . Flores sued the state of California and the county of San Bernardino. Flores alleged that the state and county failed to properly repair and/or maintain the roadway, creating a dangerous condition of public property. The county was later dismissed from the case. Plaintiff’s counsel contended that Flores’ accident was caused by a pothole in the roadway and an alleged pavement edge drop off, as there was a height differential from the edge of the pavement on the roadway to the shoulder to the gravel windrow adjacent to the shoulder of the roadway. Counsel contended that the difference in height caused Flores’ vehicle to flip when she tried to regain control. Thus, plaintiff’s counsel argued that the state’s Department of Transportation insufficiently paved the shoulder width and deterioration of the roadway. The state’s counsel argued that there was no evidence that a pothole existed at the time of the incident or that the road was deteriorated. Counsel also argued that the roadway was not in a dangerous condition when traversed by motorists using reasonable care., Flores sustained a traumatic brain injury. She was subsequently transported by helicopter to Sunrise Hospital & Medical Center, in Las Vegas, for treatment. Flores claimed that she now suffers from cognitive deficits and behavioral changes. She alleged that as a result, she would get lost whenever she drove and would drive around in circles and that when she went to the store, she had to have a list to assist her in remembering what items to purchase. She also alleged that her behavioral changes included sudden outbursts of anger and rage. In addition, Flores alleged that she could not remember getting married to her current husband. Flores’ husband, plaintiff Leonard Trisler, presented a derivative claim, seeking recovery for his loss of consortium. Defense counsel agreed that Flores suffered a brain injury, but disputed the extent of any alleged cognitive impacts and disputed some behavioral aspects.