On the morning of June 15, 2009, plaintiff Leticia Garibaldi, 51, a customer representative for drapery and textile business, presented to the Emergency Room of Beverly Hospital in Montebello. Garibaldi claimed she had slept on two chairs pushed together in her mother’s hospital room the night before and woke up with severe pain and swelling of her right ankle. She was subsequently evaluated and treated by Hillary Ittner, a nurse practitioner who was employed by Beverly Emergency Medical Group. Ittner ordered an X-ray of Garibaldi’s right foot, ice for the ankle, and a Toradol injection. Ultimately, Garibaldi was diagnosed with a sprained ankle and had her right foot placed in a splint. Ittner claimed Garibaldi was discharged with instructions to see her private doctor or return to the emergency room within the next two days to have the splint checked on. On June 19, 2009, Garibaldi presented to her private doctor with a 103-degree fever and severe right leg pain. Her doctor opened the splint and found severe cellulitis throughout the right leg and foot. As a result, Garibaldi was sent back to Beverly Hospital’s Emergency Room, where she was initially treated by Ittner. Garibaldi was then hospitalized for surgical debridement and intravenous antibiotic therapy. Garibaldi sued Ittner and the owning entities of Beverly Hospital, Beverly Community Hospital Association and Beverly Emergency Medical Group. She alleged that the defendants failed to timely diagnose the cellulitis and obtain her informed consent, and that these failures constituted medical malpractice. She also alleged that the defendants’ actions constituted medical battery, misrepresentation and intentional infliction of emotional distress. In addition, Garibaldi alleged Beverly Community Hospital Association and Beverly Emergency Medical Group were vicariously liable for Ittner’s negligence. Initially, Garibaldi also sued Dr. Karen Johnson, a physician who was working in the emergency room on June 15, 2009, but Johnson was ultimately dismissed from the case during discovery. Also, prior to trial, the Beverly Hospital entities reached a confidential settlement with Garibaldi. Thus, the matter proceeded against Ittner only. Garibaldi claimed that Ittner failed to diagnose the early stages of a cellulitis infection when she first presented to the hospital on June 15, 2009. She further claimed that Ittner exceeded her scope of practice as a nurse practitioner in rendering emergency medical care (a negligence per se claim) and that Ittner failed to obtain her informed consent to be treated by a nurse practitioner. Ittner contended that she acted within the standard of care in diagnosing a sprained ankle, and that the cellulitis developed after Garibaldi left the E.R. on June 15, 2009. She claimed that had Garibaldi followed the aftercare instructions to see her private doctor within one or two days, the caused by the cellulitis could have been averted., Garibaldi presented to her private doctor with a 103-degree fever and severe right leg pain. Her doctor opened the splint and found severe cellulitis throughout the right leg and foot. As a result, Garibaldi was hospitalized for surgical debridement and intravenous antibiotic therapy. Thereafter, she had to undergo four separate surgeries, including skin grafting. Garibaldi claimed that she is now left with extensive scarring on her right leg. She also claimed that her leg still has constant severe pain and is limited in range of motion. Garibaldi alleged that she has not returned to work due to her pain and limited mobility, and that she can no longer walk for long periods of time. Thus, plaintiffs’ counsel asked the jury to award Garibaldi damages of $134,750 for her past loss of earnings, $616,000 for her future lost earnings, and $250,000 for her past and future pain and suffering. Garibaldi did not make a claim for medical costs. In addition, her husband, Raul, sought recovery of $250,000 in damages for his loss of consortium. Ittner’s counsel asserted that Mrs. Garibaldi failed to mitigate her by following the aftercare instructions to see her private doctor within one or two days of her leg being placed in a splint. Counsel contended that had she done so, Mrs. Garibaldi’s cellulitis-related could have been averted. In addition, Ittner’s counsel contended that Mrs. Garibaldi was capable of returning to work.