On Jan. 25, 2012, claimant Nathan Jones, 29, an Apple Store worker, was crossing the intersection of El Paseo and San Pablo Avenue in Palm Desert when he was struck in the marked crosswalk by a vehicle operated by Ron Schwartz. Jones sustained to his left ankle. Jones brought a claim against Schwartz. Jones alleged that Schwartz was negligent in the operation of his vehicle in violation of Vehicle Code § 21950, by failing to yield the right of way to a pedestrian. Specifically, Jones claimed that Schwartz made a negligent left turn when he drove into the crosswalk., At the scene, Jones complained of pain to his left side, including pain to his left leg, arm and back. At the hospital, it was discovered that he had sustained a left lateral malleolus fracture. Jones claimed that he now suffers from anxiety and fear when crossing the street or in parking lots.