On Oct. 17, 2012, at approximately 1:30 p.m., plaintiff Donald Correira, 60, a retired artist, was riding his bicycle northeast on Market Street, in San Francisco. When he was just prior to the intersection with 8th Street, Correira was involved in a collision with a vehicle operated by Kay Dorsey. Correira fractured his left hip in the accident. Correira sued Dorsey, alleging the defendant was negligent in the operation of her vehicle. Correira claimed that he was physically struck from behind, on the left side of the bicycle, by Dorsey’s motor vehicle. Dorsey argued that Correira lost control of his bicycle as he was attempting to pass her on the passenger side, causing Correira to fall to the ground. Dorsey’s husband, a passenger in the vehicle, corroborated Dorsey’s account of the accident, in that he claimed Correira lost control of his bicycle and fell onto, or ran into, the passenger side door of the vehicle. Defense counsel noted that the investigating police officer found Correira at fault for the accident., Correira fractured his left hip and was subsequently taken by ambulance to an emergency room. He then remained hospitalized for three days due to the fracture, an irregular heartbeat, and hypoxia. Correira left the hospital against doctor’s orders, but was re-admitted five days later with complaints of pain in his left hip. He was then hospitalized again for three days to treat hypoxia. Thereafter, Correira treated conservatively with home health care and roughly three months of physical therapy. During his recovery, he had to use a walker and, later, a cane. Correira claimed he now suffers from traumatic bursitis in his left hip, causing pain and discomfort. He currently uses a walker once again, but it is due to an unrelated foot injury. Correira claimed that due to his , he began receiving in-home care three days a week. Thus, Correira sought recovery for future attendant care and recovery of damages for his past and future pain and suffering. (Medicare claimed a medical lien of $37,000.) According to defense counsel, Correira sought recovery of $100,000 for past medical expenses, which was ultimately reduced to $40,000 pursuant to Howell. However, plaintiff’s counsel claimed that the pre- and post-Howell figures for past medical expenses were never agreed upon or finalized.