On Nov. 23, 2009, at approximately 2:50 p.m., plaintiff Lee Levin, a retired 57 year old, was operating his 2004 Kia Optima on eastbound San Fernando Road in Glendale when his vehicle was struck by a 2007 Audi Q7 that was operated by Ruguiya Khan, who was attempting to make a left turn into a driveway from westbound San Fernando Road. Levin sustained shoulder and chest . Levin sued Ms. Khan and the co-owner of the Audi, Faisal Khan. Levin alleged that Ms. Khan was negligent in the operation of the Audi and that Mr. Khan was vicariously liable for Ms. Khan’s actions. Levin contended that Ms. Khan was attempting to make an unsafe turn in front of her, causing the collision. A witness also claimed that he saw Ms. Khan with her left turn signal activated before turning into Levin’s vehicle. Ms. Khan agreed with Levin’s version of the accident., Levin was not treated at the scene, but later went to an emergency room, where he was diagnosed with a strain of his left, non-dominant shoulder and to his ribs. He claimed he ultimately sustained a rotator cuff tear as a result of the exacerbation of pre-existing degeneration in his left shoulder. Levin subsequently underwent arthroscopic rotator cuff repair with extensive debridement, excision of the distal clavicle and subacromial decompression.