On Jan. 9, 2012, plaintiff Diem Van Lam, 78, a newspaper delivery man, was driving his 1994 Honda Accord on eastbound Lawrence Expressway in San Jose, on his way to deliver newspapers, when he crossed the intersection of with Saratoga Avenue and was struck on the driver’s side door by a police vehicle operated by Gregory Markovic, an on-duty sheriff’s deputy for the county of Santa Clara who was traveling south on Saratoga Avenue. Van Lam sustained to his head, chest and left shoulder. Van Lam sued Markovic and his employer, the county of Santa Clara. He alleged that Markovic was negligent in the operation of his vehicle and that the county was vicariously liable for his actions. Specifically, Van Lam claimed that Markovic entered the intersection on a red light. The defendants did not contest liability. However, they claimed that neither party knew what color their light was upon entering the intersection., Van Lam sustained a traumatic brain injury with a subdural hemorrhage, a subarachnoid hemorrhage, a diffuse axonal injury, an aortic dissection, and multiple left-sided chest fractures. He also suffered kidney failure. He was subsequently taken to Santa Clara Valley Medical Center, where he was hospitalized and observed. However, it was determined that Van Lam did not require surgery for the dissection or for the brain . Van Lam is left with moderate cognitive impairment, and occasional pain in his chest, left shoulder and head, including headaches. He also has difficulty with his memory and mental tracking. He also requires a lifetime of dialysis. Van Lam claimed that he was fairly active before the accident, but that now he can no longer drive and has dialysis two times a week, with a 24 hour recuperation period. Thus, Van Lam claimed $588,000 in medical costs for his hospitalization and related care. He also sought recovery for his pain and suffering.