On July 18, 2010, plaintiff Bennie Cottone, a self-employed professional oboist in his 40s, was driving east on West Grand Avenue, in Oakland, when he entered the intersection with Mandela Parkway and was broadsided by a vehicle operated by Juanita Vick, who was making a left turn from West Grand Avenue onto Mandela Parkway. Cottone sustained to his neck and upper back. Cottone sued Juanita Vick and the believed co-owner of Ms. Vick’s vehicle, Samuel Vick. Cottone alleged that Ms. Vick was negligent in the operation of her vehicle and that Mr. Vick was vicariously liable for Ms. Vick’s actions. Mr. Vick, who is deceased, was named on the title of the vehicle, but was later removed from the case. Cottone contended that Ms. Vick violated California Vehicle Code § 21801(a) for failing to yield before making her left turn. He further contended that Ms. Vick was negligently using a cell phone at the time of the accident. Defense counsel denied that Ms. Vick was negligent and argued that Cottone was contributorily negligent., Several hours after the accident, Cottone presented to an emergency room, where he was treated for soft-tissue to his neck and upper back, as well as a whiplash injury to his neck, and was sent home with Vicodin. He then underwent a month or two of physical therapy, which resolved his . Thus, Cottone sought recovery for the value of his totaled vehicle, a meticulously maintained 1989 Honda Civic with 295,000 miles on the odometer at the time of the crash. He also sought recovery of medical expenses, damages for his pain and suffering, expenses incurred as a result of the loss of his vehicle, and the cost of a replacement vehicle as a mitigation expense. Ms. Vick’s Cadillac sustained minor damage, but she made no claim against Cottone.