On Feb. 11, 2014, plaintiff Helen Miller, 80, was in a wheelchair in the back of a paratransit bus when she tipped over and hit her head on the floor, fracturing her neck. Miller sued the driver of the bus, Hilary Atkin (who was initially erroneously sued as Hilary “Adkins”), and Atkin’s employer, the city of Pleasanton (which was initially erroneously sued as Pleasanton Paratransit Services). Miller alleged that she was under the care and control of Atkin, a bus driver for Pleasanton Paratransit Services, and the city of Pleasanton, which operates the paratransit service to transport elderly and disabled residents of the city. Thus, she alleged that the defendants’ negligence caused the accident. At the time of the incident, Miller used the paratransit service frequently, including using the service as transportation to and from dialysis treatments three times a week. Miller was normally able to walk with the aid of a walker device, but her dialysis weakened her to the point of requiring a wheelchair during transit to and from her treatments. As a result, on the days when she received dialysis, Miller used a wheelchair that was loaded on and off of the paratransit bus by the paratransit service’s bus drivers. On the subject date Atkin arrived at approximately 9 a.m. at Miller’s residence to pick her up for the scheduled transport to dialysis. Thus, Atkin took custody and control of Miller in her wheelchair, wheeled her onto the lift, and onto the bus from the lift. Atkin then secured Miller and the wheelchair to the floor of the bus with the securement device, referred to as the Q’Straint system, and locked the wheelchair’s brakes. Plaintiff’s counsel contended that, unfortunately, Atkin failed to ensure that Miller was adequately and safely secured. As a result, when Atkin drove away from Miller’s residence and made a turn onto Valley Avenue, in Pleasanton, she heard the loud thud of Miller tipping over and hitting the side of her body and head on the ground. Atkin then turned to see the side of Miller’s head on the ground and observed Miller being unable to move or free herself because the lap belt secured her to her wheelchair. Atkin subsequently pulled over almost immediately. Atkin and the city acknowledged responsibility for the accident., Miller was treated at the scene for a hematoma, a laceration, and neck and head pain, which she indicated was a 10 out of 10. She was then rushed to Valley Memorial Hospital, in Livermore, where she was treated for neck and head trauma. Miller was ultimately diagnosed with cervical fractures at the C4 and C5 levels and subsequently underwent cervical spine surgery on Feb. 18, 2014. The surgery involved a cervical disc fusion, and the placement of a disc spacer and titanium cervical plate, which was affixed with four screws. Miller claimed that her and subsequent cervical fusion resulted in a loss of mobility. She alleged that she now requires the use of a walker at all times, whereas before the incident, she was able to walk unassisted most of the time. Defense counsel disputed the nature and extent of Miller’s damages. Counsel contended that treating physicians did not diagnose the alleged cervical fractures and that such a diagnosis was only made by the surgeon several weeks after the incident. Counsel further contended that Miller’s mobility was already limited by weakness from her dialysis treatments. However, plaintiff’s counsel noted that defense counsel did not contend that the treatment, including the surgery, was unnecessary or unreasonable.