On Aug. 10, 2014, plaintiff Victor Ayala, 44, a truck driver, was hit by a pallet jack operated by Francisco Ruvalcaba, an employee of Commodity Forwarders Inc. Ayala sustained to an ankle. Ayala sued Ruvalcaba and Commodity Forwarders Inc. Ayala alleged that Ruvalcaba was negligent in the operation of the pallet jack and that Commodity Forwarders was liable for Ruvalcaba’s action, as he was acting in the course and scope of his employment at the time of the incident. Plaintiff’s counsel contended that Ruvalcaba was reckless and inattentive and that Commodity Forwarders was liable for the actions of its employee, who carelessly drove the pallet jack onto Ayala’s foot. Ruvalcaba was ultimately dismissed from the case., Ayala sustained a crush injury to his left ankle, tearing a ligament and causing an inversion injury, which causes the foot to roll underneath the ankle or leg. He was subsequently taken by ambulance to a hospital. Ayala ultimately underwent an out-patient operation, involving three separate surgical procedures under anesthesia, extensive rehabilitation/physical therapy, and follow-up appointments. He also underwent diagnostic tests, including X-rays and MRIs. Ayala claimed that he was off of work for approximately six months in total. He also claimed that despite treatment, he continues to suffer from chronic pain to his left ankle and that as a result, he will require a long-lasting pain management program. Thus, Ayala sought recovery of $12,700 in paid medical costs, $23,200 in lost earnings, and an unspecified amount of damages for his past and future pain and suffering. Defense counsel argued that Ayala failed to mitigate his damages, in that Ayala waited to have surgery until two years after the incident. Defense counsel also disputed the necessity of Ayala’s medical treatment.