On March 4, 2010, plaintiff Brent Dickinson, 48, a firefighter with the San Jose Fire Department, was washing a fire engine in the parking lot of his fire house when fellow firefighter Joel Phelan pulled into the parking lot in his personal vehicle. While Phelan reversed and turned his car into a parking spot parallel to the fire engine, his left, rear tire ran over Dickinson’s left foot and ankle. Dickinson sued Phelan. He alleged the defendant was negligent in the operation of his vehicle. Dickinson claimed that he moved to the other side of the fire engine to wash that side, unbeknownst to Phelan, who was pulling into the parking lot. He claimed that as he stepped back, Phelan simultaneously reversed his vehicle into the spot, causing his left rear tire to run over his left foot and ankle. Phelan claimed that Dickinson was aware of him backing up his vehicle. Thus, he claimed that Dickinson should have been aware of his surroundings and not stepped backward into the path of the moving vehicle., Dickinson was taken from the scene of the accident by ambulance and brought to an emergency room. He was subsequently determined to have sustained crush to his left foot and ankle, resulting in possible nerve damage. After receiving immediate emergency care, Dickinson followed up with various physicians and ultimately saw a pain management specialist. According to the plaintiff’s treating pain management expert, Dickinson was deemed to be permanently unable to return to work as a firefighter with the San Jose Fire Department and as a result, was forced to retire early. Dickinson claimed that he experiences residual pain and stiffness in his left ankle and foot, which prevents him from running and climbing. He alleged that his limitations are why he can no longer be a firefighter and why he had to take a job as a teacher, earning far less income. Dickinson further claimed that while he doesn’t treat anymore, he may eventually require a left ankle replacement to address his residual . Dickinson claimed $32,000 in past medical costs, but all of his medical and other workers’ compensation benefits were paid by the city of San Jose, who intervened in the case. Thus, Dickinson sought recovery of $279,000 in damages for his past lost earnings, and $1.5 million to $2 million in damages for his future lost earnings. Dickinson also sought an unspecified amount of damages for his past and future pain and suffering. Following an independent medical examination performed by the defense’s expert orthopedic surgeon, defense counsel concurred that Dickinson was permanently injured.