On June 7, 2013, plaintiff Thomas Philips, 53, a completely disabled long haul trucker, went to Velocity Iron & Metal in Madera to be paid for recycled metal. Philips claimed that he while standing at his truck and trailer, with his back to a Volvo EC210CL Excavator with LaBounty 200R shears/jaws, he felt a sharp pain in his back that sent him to his knees. He claimed multiple to his back and ribs, presumably caused by flying metal from the shearing machine. Philips and sued Velocity Iron & Metal Inc., alleging the defendant was negligent under the doctrine of res ipsa loquitur. Velocity Iron & Metal contended that it was an unwitnessed accident and that it could not account for the flying metal., Philips was transported by ambulance to Madera Community Hospital, where he was diagnosed with multiple rib and transverse process fractures at T9 through T12, and a hematoma to his back. He was also diagnosed with hematuria, or blood in his urine, and hemothorax, or blood accumulating in his pleural cavity. Philips was then transferred to Community Regional Medical Center in Fresno, where he stayed for roughly one week. He was then transferred to a skilled nursing facility in Chowchilla, where he underwent physical therapy rehabilitation for two weeks. Philips claimed he still has intermittent mid-back pain and chronic limitations in his range of motion. He claimed he is unable to take analgesic medications due to his pre-existing Hepatitis C, but could benefit from trying some Serotonin-norepinephrine reuptake inhibitors (SNRIs), such as Cymbalta. However, he claimed that the medication will not provide complete relief and that he will experience ongoing complications due to his liver disease. Thus, Philips sought recovery of $7,875.60 in past medical costs. He also sought recovery of damages for his past and future pain and suffering. In addition, his wife, Dawn Philips, sought recovery of damages for her loss of consortium.