At around 5:35 a.m. on Sept. 2, 2011, plaintiff Olegs Kozacenko, 56, a commercial truck driver, was stopped by California Highway Patrol Officers Andrew Murrill and James Sherman on westbound Interstate 80, at the Drum Forebay exit off-ramp. At one point during the stop, Sherman attempted to secure Kozacenko’s arm by applying a pain compliance hold, but Kozacenko’s arm broke. Murrill ultimately got on top of Kozacenko and struck him twice in the face. Kozacenko was then handcuffed by Sherman. Kozacenko suffered multiple fractures to his face and body. He also claimed a permanent mental disability as a result of the incident. Plaintiff’s counsel noted that although Kozacenko was arrested for resisting arrest, the charge was ultimately dismissed by the prosecutor. Kozacenko sued Murrill; Sherman; California Highway Patrol Sergeant Kevin Pierce; California Highway Patrol Lieutenant John Arrabit; California Highway Patrol Assistant Chief Kenneth Hill; and California Highway Patrol Commander Chief Stephen Lerwill. Kozacenko alleged that the actions of Murrill and Sherman constituted unreasonable search and seizure, and unreasonable use of force, and that the actions of the remaining defendants constituted a failure to properly supervise, all under 42 USC § 1983. Kozacenko also alleged that the defendants’ actions constituted negligence, assault and battery, false arrest and imprisonment, intentional infliction of emotional distress, and negligent infliction of emotional distress under California Civil Code §§ 52.1 and 51.7. Plaintiff’s counsel contended that Kozacenko was 56 years old and 160 pounds at the time of the incident and that Kozacenko posed no credible threat to the 190-pound Sherman and 220-pound Murrill. Counsel also contended that Murrill, a trained boxer, repeatedly punched Kozacenko in the face with a closed fist from the mount position. Defense counsel noted that earlier that morning, another truck driver called 911 to report Kozacenko driving erratically on I-80, near Yuba Gap, and remained on the telephone until the officers made the stop. During that recorded call, the truck driver reported that Kozacenko was swerving, almost hitting the guardrail, and driving at wildly varied speeds (30 to 70 mph) in the left lane over a short span of time. Thus, defense counsel contended that the officers stopped Kozacenko due to the erratic driving and attempted to issue him a citation for exceeding the allowable driving time for commercial truck drivers, which the officers believed contributed to Kozacenko’s unsafe driving. Counsel noted that, according to Kozacenko’s trucking logbook entries, Kozacenko had driven 11 hours and 52 minutes straight without breaks, save for two quick bathroom stops, since he began his trip in Wyoming the day before. However, defense counsel contended that Kozacenko refused to sign the citation, causing the officers to place Kozacenko under arrest, but that Kozacenko actively resisted arrest. Murrill and Sherman claimed that when Kozacenko resisted arrest, Sherman to attempt to secure Kozacenko’s arm by applying a pain compliance hold, but that Kozacenko further resisted and caused his own arm to break. The officers also claimed that when they could not restrain Kozacenko, Murrill attempted to apply a Taser in drive stun mode, but that Kozacenko struck the weapon, disabling it. They alleged that as a result, Murrill got on top of Kozacenko and struck him twice in the face in an effort to distract him, which did momentarily stun Kozacenko. However, they claimed that Kozacenko continued to resist until Sherman was able to secure a handcuff, at which time Kozacenko stopped resisting. Murrill and Sherman alleged that during the stop, Kozacenko resisted arrest with great strength and that they believed that it was the result of being Kozacenko being “under the influence,” which necessitated the force used. However, plaintiff’s counsel argued that the blood test panel proved that the “under the influence” claim was false., Kozacenko claimed he lost consciousness at the scene and came back to consciousness when an American Medical Response ambulance arrived at 6:57 a.m. The ambulance then transported Kozacenko to Sutter Auburn Faith Hospital, in Auburn, between 7:13 a.m. and 7:42 a.m. The American Medical Response personnel noted that Kozacenko suffered abrasions, contusions and ecchymosis (bruising), and edema (swelling) to the left side of his face and head. They also noted left arm and shoulder pain, and multiple arm and shoulder abrasions. Kozacenko was then admitted to Auburn Faith’s emergency room at 7:58 a.m. A CT-scan of his face showed slightly displaced and comminuted fractures to the left orbital floor, left inferior orbital rim, left lateral orbital wall, left maxillary anterior and lateral walls, and the left zygomatic arch. In addition, an X-ray of Kozacenko’s shoulder showed a mildly displaced and comminuted fracture of the surgical neck of the left humerus. Auburn Faith determined that Kozacenko required subspecialty care and arranged for his transport to the Trauma Unit of the UC Davis Medical Center, in Sacramento. After arriving at UC Davis at 12:45 p.m., Kozacenko underwent multiple X-rays and CT-scans, which confirmed the facial and left arm fractures, as well as left periorbital preseptal cellulitis and left temporal soft-tissue thickening consistent with trauma. UC Davis doctors also diagnosed Kozacenko with a concussion, and noted blood in Kozacenko’s left ear canal, left periorbital swelling, a swollen left elbow, possible left lower rib fractures, and bruised and abraded skin on both knees, the left side of his chest, left shoulder, left eye, right buttocks, and middle back. UC Davis ultimately discharged Kozacenko to the care of his ex-wife on Sept. 3, 2011, the day after the incident with the officers, and directed Kozacenko to follow-up with otolaryngology and orthopedic specialists for care of his fractures. On Sept. 7, 2011, Kozacenko visited Alameda County Medical Center (a.k.a. Highland Hospital), in Oakland, for follow-up treatment. One week later, he underwent reconstructive facial surgery, which was described as an “open reduction and internal fixation of the left zygomatic maxillary complex fracture.” Surgeons also screwed a titanium oblique L-shaped midface plate with a 3×4 screw-hole arrangement into Kozacenko’s facial bones to hold them together. Kozacenko returned to Alameda County Medical Center several times for follow-up appointments related to his fractures through November 2011. However, he claimed that the plate in his face causes him chronic pain. He also claimed he suffers a loss of range of motion in his left shoulder and a painful arc that limits his ability to use his arms above his shoulder level. He also claimed he continues to suffer neck, back, and shoulder pain. In the month following the incident, Kozacenko suffered daily mild posterior headaches that, at the time, Alameda County Medical Center deemed likely to be related to a concussion/post-concussive symptoms. On Nov. 2, 2011, Kozacenko first reported episodes of intermittent dizziness or lightheadedness, and a left-sided headache with blurry vision. In January and February 2012, Kozacenko alleged that his neurological symptoms had dramatically worsened. He claimed that he began suffering frequent and severe headaches (reaching a 10-out-of-10 severity), visual disturbances is his left eye (double/blurred vision and shimmering ring), dramatic cognitive impairment (including severe memory loss, slow mental processing speed, inability to concentrate or shift focus, perseverance, and an inability to think or use language to communicate), depression, and anxiety. Plaintiff’s counsel contended that Kozacenko’s have left him unable to earn a living, care for himself, or enjoy his life. Counsel also noted that the plaintiff’s primary treating doctors believe that Kozacenko’s are life-altering and permanent. Thus, Kozacenko sought recovery of past and future medical expenses, including $3,592.88.17 in past medical charges from American Medical Response and $30,677 in past medical charges from Alameda County Medical Center. He also sought recovery for his loss of earnings and recovery of damages for his past and future pain and suffering. Defense counsel contended that Kozacenko’s results in an independent mental examination were similar to those individuals who had been instructed to simulate cognitive impairment. Thus, counsel asserted that Kozacenko was not injured to the extent alleged.