On Feb. 8, 2011, at approximately 7:54 a.m., plaintiff Richard Wismer, 57, a retiree, was walking across a cul-de-sac at Acacia Terrace in Poway when he was struck by a vehicle operated by Andrew Yeung, who had just pulled out of his driveway. Wismer was subsequently thrown approximately three feet and landed on his left side. He claimed to his left shoulder, left arm, and head. Wismer sued Andrew Yeung and his father, Benjamin Yeung, the owner of the vehicle. Wismer alleged that Andrew Yeung was negligent in the operation of his vehicle and that Benjamin Yeung was vicariously liable for his son’s actions. Wismer claimed that Yeung caused the accident by operating his vehicle at a speed that was unsafe for the traffic conditions and by failing to exercise due care for the safety of pedestrians upon the roadway. There were no witnesses to the accident. Andrew Yeung contended that Wismer was walking illegally on the street and that Wismer should have stayed on the sidewalk. He also claimed Wismer failed to keep a proper lookout. However, at his deposition, Andrew Yeung admitted that as he pulled out of the driveway and began to move forward, the sun obscured his vision and he did not see Wismer prior to impact., Wismer went to an emergency room on the date of the accident for treatment of a scalp contusion and an abrasion to his left arm. He later underwent an MRI on April 14, 2011, which revealed a severe tear of the left shoulder’s rotator cuff. Wismer subsequently underwent physical therapy from Feb. 21, 2011, through April 26, 2011. He then underwent shoulder surgery on May 9, 2011, followed by additional physical therapy from May 25, 2011, through Sept. 20, 2011. Wismer claimed he lost strength in his left arm, and continues to suffer pain and discomfort in his left arm and shoulder. Thus, he sought recovery of roughly $10,000 in past medical costs, and an unspecified amount of damages for his pain and suffering. Defense counsel asserted that Wismer’s rotator cuff tear was due to chronic use as a golfer and was not traumatically induced.