On June 9, 2010, at 11:30 a.m., plaintiff Donald Bedard, 72, a small business owner, was walking through the parking lot of a Costco store at 3150 Fostoria Way in Danville, when he was struck on the right side of his body by a reversing Toyota Sienna. The vehicle was operated by Patricia Eyen-Stewart, who was backing up the Toyota in order to allow another vehicle to back out of a parking spot. Bedard fell to the ground following the impact with to his head and knee. Bedard sued Eyen-Stewart. He alleged that the Stewart was negligent in the operation of her vehicle. Specifically, she claimed that Eyen-Stewart failed to keep a proper lookout while backing up her vehicle and struck him., Bedard sustained a left nasal bone fracture and sought treatment for his injury within two days of the accident. He also claimed headaches and joint pain in his right knee. Bedard subsequently underwent an X-ray of his right knee, a CT scan of his head and an MRI of his brain, and treated his knee injury with physical therapy. Thus, Bedard claimed medical damages of approximately $43,000 and sought recovery of an unspecified amount of damages for his pain and suffering.