On Oct. 21, 2010, plaintiff Luis Albarran, 58, a truck driver, made a delivery to Carlton Forge Works, an alloy rings facility in Paramount. While walking to the front office on site, Albarran was struck by a forklift, knocking him to the ground. Albarran claimed to his head, right shoulder, neck and lower back. Albarran sued Carlton Forge Works. Albarran alleged that Carlton Forge was vicariously liable for the negligent actions of the forklift operator. Specifically, Albarran claimed the forklift operator was not paying attention as he passed by, resulting in the accident. Carlton Forge claimed that it was Albarran who was not paying attention and that Albarran was in the forklift operator’s blind spot when the accident occurred. In addition, the forklift operator claimed he did not see Albarran., On the date of the accident, Albarran went to an industrial health clinic with complaints of head and neck pain. He was ultimately diagnosed with a mild traumatic brain injury, a torn rotator cuff of the right shoulder, and an exacerbation of spondylolisthesis in his lower back. On Sept. 12, 2010, Albarran underwent a mini-open arthroscopic surgery on his right shoulder. He also received physical therapy for all of his physical throughout his recovery. Albarran claimed that his neck strain resolved, but that he still experiences chronic pain in his lower back. He also claimed he did not have a good recovery from his shoulder surgery, and still experiences pain and discomfort. Albarran further claimed cognitive impairments from his mild traumatic brain injury, including chronic headaches and concentration and memory deficits. Albarran claimed he tried to return to light duty for two months, but could not continue and was taken off work, based on his doctor’s recommendation. He alleged that he is now permanently disabled and on social security, and that he can never return to work. Thus, Albarran sought recovery of $1.75 million in economic and non-economic damages. Defense counsel argued that Albarran’s right shoulder and lower back were pre-existing and unrelated to the accident. Counsel also argued that Albarran did not suffer a mild traumatic brain injury. In addition, defense counsel argued that Albarran was not permanently disabled and that the plaintiff could have returned to week within two months of the accident.