On Nov. 11, 2011, at approximately 5 p.m., claimant’s decedent, James Kuhr Jr., 56, a truck driver from Florida, was walking across Francis Street at its east intersection with Hellman Avenue in the city of Ontario when he was struck by a vehicle operated by Veronica Munoz. Kuhr sustained to his head and chest. He was subsequently placed on life support and died two days later. Kuhr’s mother, Leta Murray, brought a clam against Munoz. Murry alleged that Murry was negligent in the operation of her vehicle, causing Kuhr’s wrongful death. Claimant’s counsel asserted that Munoz failed to yield to a pedestrian lawfully crossing the street within an unmarked crosswalk. Munoz claimed she was driving her vehicle on Hellman Avenue, where she stopped before making a left hand turn onto Francis Street, where the collision occurred. Munoz’s insurance adjuster asserted that Kuhr was not paying attention and was talking on his cellular phone while illegally crossing the street outside of the unmarked crosswalk, as evidenced by surveillance video and the location of Kuhr’s body following the impact., Kuhr suffered blunt force trauma to his head and chest. He was subsequently taken from the scene by ambulance and brought to a hospital, where he was placed on life support. However, Kuhr died two days later. He was 56. Thus, Kuhr’s mother sought recovery of damages for the wrongful death of her son.