On Sept. 28, 2012, plaintiff Linda Smith, 52, who was unemployed on full medical disability, was walking on the sidewalk of Franklin Street, in downtown Oakland, when she was struck by a sewer truck operated by Frank Jones, who allegedly ran a red light at the intersection with 14th Street. Prior to the accident, Jones’ truck allegedly ran a red light and collided with a sport utility vehicle, which caused Jones’ truck to jump the curb and strike both Smith and another pedestrian, Wanning Qian. Smith claimed to her chest, legs, left shoulder, and back. Smith sued Jones and the owner of the sewer truck, the city of Oakland. Smith alleged that Jones was negligent in the operation of the sewer truck and that the city was vicariously liable for Jones’ actions through the course and scope of his work for the city. Qian filed a separate lawsuit against the city only. The city did not admit liability for the action., Smith suffered seven rib fractures and left pneumothorax (collapsed lung). She also sustained a comminuted fracture of her left femur, a torn rotator cuff of her left (non-dominant) shoulder, a lacerated spleen, a bone lesion in her right distal femur, and numerous lacerations and contusions. In addition, she claimed the accident aggravated a pre-existing lower back injury. Smith was subsequently taken by ambulance to Highland Hospital, in Oakland, where she underwent reconstructive surgery and installation of metal hardware to her left femur. She ultimately spent two weeks in the hospital and then received 23 sessions of in-home physical therapy. The plaintiff’s physical medicine and rehabilitation expert noted that Smith’s left leg is now nearly an inch shorter than her right and that Smith has femoral and sciatic neuropathy, as demonstrated by an EMG. The expert also noted that Smith has difficulty walking and often limps, causing Smith to develop suprapatellar joint effusion in her right knee, probably due to over-compensation for her left leg . The plaintiff’s expert life care planner and rehabilitation consultant reported the value of Smith’s life care planning, and future medical and attendant care. Specifically, she estimated that Smith’s future expenses would amount to $2.1 million, of which $1.7 million would be for home attendant care. Smith was unemployed and on full permanent medical disability at the time of the collision. Thus, she did not make a wage loss claim. However, she sought recovery of $88,021.51 in past medical costs, $2.1 million in future medical costs, and an unspecified amount of damages for her past and future pain and suffering. The defense’s orthopedic surgery expert contended that, orthopedically, based upon his clinical examination findings, there had been no increase in Smith’s pre-existing disability that he could relate to the incident in question. He also estimated that Smith’s future expenses would only total $50,000.