On Nov. 21, 2011, at approximately 1 p.m., plaintiff Alice Lovell, 55, a bank teller for Fresno County Federal Credit Union, was on a lunchtime walk around Fulton Mall, in Fresno, when she attempted to cross Van Ness Avenue, within a crosswalk, and was struck by a black 2009 Nissan Rogue, which was driven by Cynthia Abbate. The left, front fender of the car struck Lovell, causing her to fall down and allegedly have her foot run over. Lovell claimed she suffered to her lower back and shoulder. Lovell sued Abbate. Lovell alleged that Abbate failed to keep a prior lookout and was negligent in the operation of her vehicle. Defense counsel contended that, notwithstanding the “walk” sign being on, Lovell ran into the crosswalk, making Lovell partially liable for the accident., Lovell complained of back and shoulder pain because of the accident and was subsequently transported by ambulance to Community Regional Medical Center, in Fresno. She claimed she sustained a soft-tissue injury to her lower back and a shoulder injury. She alleged that as a result of her shoulder injury, shoulder rotation was uncomfortable and that the decrease in range of motion prevented her from raising her arm. Lovell subsequently underwent chiropractic treatment for her lower back and arthoscopic shoulder surgery. Thus, Lovell sought recovery for her medical costs and recovery of damages for her pain and suffering. Defense counsel asserted that Lovell’s shoulder injury was not related to the incident.