On June 29, 2013, plaintiff James Nigro, 63, was driving behind a vehicle containing Donald Sofranko Jr. and Sandra Schmid, in an effort to serve Schmid with a deposition subpoena in an unrelated lawsuit. When the Sofranko and Schmid vehicle stopped at the intersection of East Valley Road and Lilac Drive, in Santa Barbara, Nigro exited his vehicle and dropped the deposition subpoena through the open drivers-side window, onto Schmid’s lap. Schmid’s boyfriend, Sofranko, a 6-foot, 2-inch tall, 39-year-old man weighing 230-pounds, subsequently exited the vehicle and proceeded to engage Nigro in a physical altercation. In the process, Sofranko pushed Nigro in front of Schmid’s Mercedes as she was attempting to flee the scene. As a result, Nigro was struck by the automobile and fell to the ground. Sofranko then jumped on top of him and proceeded to attack Nigro. Good Samaritans ultimately intervened, and local law enforcement responded to the scene. Sofranko was criminally charged for the attack, and he pleaded no contest. He was subsequently placed on probation, and ordered to pay restitution and attend anger management classes. Nigro claimed that he sustained to his right leg and left arm during the incident. Nigro sued Sofranko and Schmid. Nigro alleged that Schmid was negligent in the operation of the Mercedes that struck him and that Sofranko was negligent for pushing him in front of the moving Mercedes. Nigro further alleged that Sofranko acted intentionally and maliciously in physically attacking him. Sofranko and Schmid claimed that Nigro was chasing them in his Ferrari and cut-them off. They also claimed that Nigro was the aggressor during the incident. Thus, they claimed that their actions were in self-defense since they were in fear for their own safety and that of Sofranko’s two minor children who were in the backseat., Nigro sustained a fracture of the right femur, a fracture of the left arm, bruised ribs, and a concussion. He was subsequently taken to Santa Barbara Cottage Hospital, in Santa Barbara, where he underwent an emergency open reduction and internal fixation to treat the femur facture on the date of the incident. During the procedure, a titanium rod and other hardware were inserted into Nigro’s right leg. He was then hospitalized for five days, during which time he was also treated by physical and occupational therapists. Nigro then underwent a revision surgery eight months later to replace broken hardware. Nigro claimed he suffered physical pain associated to the he sustained during the incident. He also claimed he suffered emotional distress and mental suffering, including post-traumatic stress disorder. Nigro further claimed that he was left with chronic pain and a permanent limp. Thus, Nigro sought recovery of $292,111.47 in past billed medical expenses, of which $167,210 was paid by insurance. He also sought in excess of $100,000 in future medical expenses for possible further leg surgery, physical therapy, and pain medications. In addition, Nigro sought recovery of damages for his past and future pain and suffering. Defense counsel disputed the nature and extent of Nigro’s residual , and disputed the amount of damages alleged.