On Dec. 19, 2013, plaintiff Ivan Shulha, 60, a trucker, parked his tractor-trailer on the shoulder of eastbound State Route 60, also known as the Pomona Freeway, in Los Angeles, to clean his mirrors. The truck was sideswiped by a truck operated by Eric Flores. Shulha alleged to his left arm, left knee, and back. Shulha sued Flores and Flores’ employer, Tricon Transportation Inc. Shulha alleged that Flores was negligent in the operation of the truck, causing the collision, and that Tricon Transportation was vicariously liable for Flores’ actions. Vicarious responsibility was not contested. However, defense counsel argued that, rather than pulling off the freeway, Shulha was comparatively at fault for parking his tractor-trailer on a narrow shoulder for a non-emergency reason, which is a violation of California law and the Federal Motor Carrier Safety Administration., Shulha was taken by ambulance to the emergency room at Los Angeles County + USC Medical Center, in Los Angeles, where he was treated for a fracture and a dislocation of his left, non-dominant elbow. He was also treated for a lumbar strain, contusions to both knees and a laceration to his right elbow. Shulha was discharged two days later, on Dec. 21, 2013. He then presented to Harborview Medical Center, in Seattle, where he underwent elbow surgery on Dec. 28, 2013. Shulha developed adhesive capsulitis and ulnar nerve neuropathy of the left shoulder, and underwent further surgery on Nov. 22, 2014. He was later diagnosed with a medial meniscus tear of the left knee. As a result, he received epidural injections to his left shoulder and left knee, and underwent chiropractic treatment and physical therapy. Shulha claimed that as a result of his , he could not return to work as a truck driver. Shulha sought recovery of past and future medical costs, past and future loss of earnings, and general damages for his past and future pain and suffering. His wife, Tatyana Shulha, presented a derivative claim, seeking recovery for her alleged loss of consortium. However, she dismissed her claim before trial. Defense counsel contended that Mr. Shulha’s claim of not being able to return to work was not supported by the plaintiff’s orthopedic expert. During trial, the parties established a $919,441.65/$250,000 high/low agreement.