At approximately 8:23 p.m. on Aug. 26, 2010, plaintiff Angela Russell, a 42-year-old unemployed woman, was crossing the mid-block of Taylor Street, from north to south, in the vicinity of the intersection with Stockton Avenue in San Jose, when she was struck by a marked San Jose police vehicle. Sergeant Andrew LoCicero, who was operating the police vehicle, was traveling Street in the left number one lane on eastbound Taylor Street when he struck the pedestrian. Russell claimed to both knees. Russell sued LoCicero and his employer, the city of San Jose. She alleged LoCicero was negligent in the operation of his vehicle and that the city was vicariously liable since LoCicero was in the course and scope of his employment at the time of the accident. Russell initially claimed during written discovery and her deposition that she was crossing the street within a crosswalk, but admitted at trial that she crossed mid-block. However, she alleged that LoCicero was distracted at the time of the accident and should have been able to avoid its occurrence. Defense counsel contended that Russell negligently crossed Taylor Street at the mid-block area, and that she was wearing all black clothing, including her jeans, shirt and shoes, and was carrying a black bag. Counsel also argued that Russell was under the influence of alcohol and methamphetamine at the time of the accident. Counsel contended that a blood sample taken from Russell hours after the accident was tested and found to have a blood alcohol level of .14, as well as tested positive for methamphetamine., Russell was taken from the scene of the accident by ambulance and brought to an emergency room. He sustained tears of the medial collateral ligament in her right knee and lateral collateral ligament in her left knee. She underwent surgeries on both knees, consisting of a right knee incision and drainage on Aug. 27, 2010, and a left LCL repair/reconstruction on Sept. 7, 2010. Russell then followed up with physical therapy. Russell claimed residual knee pain and discomfort, and that she will possibly require additional surgery. She also claimed she is restricted in everyday living due to the condition of her knees. Thus, Russell claimed $338,040.24 in past medical costs and sought recovery of additional damages for her past and future pain and suffering.