After 12:20 a.m. on Dec. 9, 2012, plaintiff Kai-Yen Cheng, 24, a Taiwanese exchange graduate student who received his Master’s Degree just two days prior, was skateboarding in a bike lane on Montezuma Road, near the intersection with Gary Street in San Diego, near San Diego State University, when he was struck by a sedan operated by Vincent Quintanilla. Quintanilla drove off, leaving Cheng in the road. Earlier that night, at around 9 p.m. on Dec. 8, 2012, Quintanilla clocked-out of his shift at the On the Border Mexican restaurant, located on Camino de la Reina in San Diego, and changed out of his uniform. He was waiting for his tips when a group of clocked-out employees gathered to join him. The gathering at the restaurant lasted nearly three hours. At around 12:20 a.m., California Highway Patrol officers put out information about a tan sedan that was swerving on Interstate 8 and that had exited at the College Avenue exit. Minutes later, the incident with Cheng occurred. Officers eventually tracked Quintanilla down, and he pleaded guilty to the misdemeanor of hit-and-run driving. Cheng sustained multiple lacerations and a leg fracture. Cheng sued Quintanilla and the operator of the On the Border Mexican restaurant, OTB Mission Valley Restaurant LP. Cheng alleged that Quintanilla was negligent in the operation of the sedan and for being intoxicated while driving. Plaintiff’s counsel contended that Quintanilla negligently consumed alcohol in the course and scope of his employment. Counsel also contended that the restaurant was responsible for Quintanilla’s actions because it regularly allowed its employees to drink after work because their purchases benefited the restaurant monetarily. Counsel for OTB Mission Valley Restaurant contended that Quintanilla was clocked out of work and had paid for his own drinks. Thus, counsel argued that Quintanilla was more of a guest, rather than an employee. Counsel also argued that businesses who sell alcohol to a patron of the proper age cannot be held liable if that person someone later, which has been California law for decades., Cheng fractured his left leg and sustained lacerations to his face, stomach and arm. He was subsequently taken immediately to a hospital for treatment. Cheng claimed that he can currently ambulate, but that he walks with a limp. He alleged that he was an intercollegiate volleyball player in Taiwan and that he played competitive basketball his entire life, but that now he can no longer play basketball.