On Aug. 27, 2012, at approximately 8:30 p.m., plaintiff George Garrett, 37, a medical student, was walking home from class in San Francisco when he attempted to cross the street at the intersection of Howard Street and 5th Street. He claimed that as he was in the road, he saw a vehicle heading in his direction on Howard Street, causing him to jump out of the way. Garrett claimed the front corner bumper of the vehicle struck his right leg, causing a torn Achilles tendon in his right heel. The vehicle proceeded to make a right turn onto 5th Street, but an eyewitness and fellow student of Garrett’s followed the vehicle and took down the license plate number. Garrett sued the driver of the vehicle, Zeray Berhane, and Berhane’s business, Paradigm Janitorial Service. Garrett alleged that Berhane was negligent in the operation of his vehicle and that Paradigm Janitorial Service was vicariously liable for Berhane’s actions. Garrett claimed that Berhane ran a red light, was speeding toward him, and was not paying attention as he crossed the subject intersection. He claimed that as a result, he tried to jump out of the approaching vehicle’s path, but his right foot was struck by the vehicle’s front corner bumper. In addition, Garrett claimed that his evasive maneuver further caused his Achilles tendon rupture. Berhane disputed liability, claiming he was not running a red light nor speeding through the intersection. He alleged he saw Garrett running across the street, outside of the marked crosswalk, a few car lengths away from him as he made a right turn at the intersection. However, Berhane claimed he did not strike Garrett with his vehicle, as there was no damage or mark to indicate any contact was made., Garrett suffered a rupture of his right Achilles tendon. He was subsequently taken by ambulance to an emergency room, where he underwent a surgical repair a few days later. Garrett claimed he developed a staph infection as result of the surgery, requiring the insertion of a PIC line. He then underwent another surgical procedure to clean out the infection in October 2012 and treated with physical therapy throughout his recovery. Garrett claimed his right Achilles injury is permanent in that the tendon has not fully healed, restricting all physical activity. He also claimed a loss of strength and function in his right foot, which has prohibited his ability to exercise and play sports. Garrett alleged he missed a year from medical school due to his injury, which affected his graduation and employment opportunities. He also alleged he missed some work from his part-time job as a security guard. Thus, Garrett sought recovery of roughly $10,000 in future medical costs, approximately $5,000 in past lost earnings and $70,000 for his future loss of earning capacity. He also sought recovery of damages for his past and future pain and suffering. Garrett’s past medical costs were waived. Defense counsel argued that Garrett was not injured by Berhane, as Berhane did not strike Garrett with his vehicle or otherwise cause him any injury. Counsel also disputed causation for Garrett’s staph infection, arguing that it resulted from Garrett failing to properly take care of his wound and that it was not a complication of the surgery. As such, defense counsel contended that Garrett failed to mitigate his damages by not following doctor’s orders following the first surgery.