On the evening of Feb. 18, 2013, plaintiff Roland Shehadeh, an unemployed 31 year old, was jogging on the sidewalk of a public street in San Jose. While passing a gas station, Shehadeh was struck on the sidewalk/entrance apron by a vehicle operated Christopher Bailey, who was turning into the gas station. Shehadeh claimed to his right shoulder and hip. Shehadeh sued Bailey, alleging the defendant was negligent in the operation of his vehicle. Specifically, Shehadeh claimed Bailey failed to yield to pedestrian traffic while turning into the gas station entrance. Bailey admitted liability for the accident., On the day after the accident, Shehadeh went to an emergency room with complaints of pain to his right shoulder and right hip. He was subsequently diagnosed with a hip contusion and a partial rotator cuff tear of his right shoulder. Shehadeh ultimately underwent arthroscopic shoulder surgery and then followed up with a few months of physical therapy. Shehadeh claimed he is fully healed from his , with no major residuals or need for future treatment. Thus, he sought recovery of roughly $10,000 in past medical costs. He also sought recovery of damages for his pain and suffering. Defense counsel contended that Shehadeh’s alleged rotator cuff tear was not caused by the subject accident. Counsel asserted that the pathology for the injury showed that it was not traumatic in nature.