On the afternoon of Nov. 26, 2008, plaintiff Jesus Manriquez, 33, a carpenter, was driving south on County Road 102 in Woodland, accompanied by his daughter, Evelyn Manriquez, 8, in the front passenger seat. While approaching the intersection with Kentucky Avenue, the Manriquez vehicle crashed into a chemical tank truck that was operated by Jesus Manrique, who had lost control and veered sideways across County Road 102, blocking the southbound lane of traffic. Mr. Manriquez sustained to his right knee, right ankle, nose, ribs and scalp, while his daughter sustained to her right shoulder and spleen. Mr. Manriquez and Evelyn sued Manrique and Joe Heidrick Enterprises Inc., which was Manrique’s employer and owner of the truck. The plaintiffs alleged that Manrique was negligent in his operation of the chemical tank truck and that Joe Heidrick Enterprises was vicariously liable for Manrique’s actions, since Manrique was in the course and scope of his employment at the time of the accident. Liability for the accident was not disputed., Mr. Manriquez and Evelyn were both taken from the scene of the accident by ambulance and brought to an emergency room. Mr. Manriquez sustained fractures to his right patella, right ankle, nose, and ribs. He also sustained lacerations to his nose and scalp and various bodily bumps and bruises. He underwent surgery on his right ankle surgery on Nov. 29, 2008, and underwent surgery on his right knee on Nov. 27, 2008, and Dec. 14, 2011. Throughout his treatment and recovery, Mr. Manriquez underwent extensive rehabilitation/physical therapy. Mr. Manriquez claimed intermittent knee and ankle pain associated with overuse and exposure to cold weather. He also claimed he has not returned to work as a result of his condition. Thus, Mr. Manriquez sought recovery of $351,000 in lost earnings, $171,000 in past medical costs, and an unspecified amount of damages for his pain and suffering. Evelyn sustained a fracture of the right clavicle and laceration of her spleen. She was monitored in the hospital for seven days and then followed up with checkups. Evelyn claimed she is now fully healed from her . Thus, she sought recovery of $102,000 in past medical costs and an unspecified amount of damages for her pain and suffering. Mr. Manriquez’s wife, Jenny Coronel-Manriquez, presented a derivative claim, seeking recovery of damages for her loss of consortium. Defense counsel did not dispute the severity of the plaintiffs’ or damages.