On July 2, 2018, plaintiff Daquan Jones, 24, a long-haul trucker from Philadelphia, traveled with his driving partner, John Cheatham, from New Jersey to Firebaugh, Calif., to pick up a load of tomatoes in their tractor-trailer. This was their first visit to Firebaugh. After picking up the tomatoes, they proceeded on M Street and crossed over the intersection with 12th Street. At around 11th Street, M Street turned into a dirt road. However, they found there were no signs indicating there was a dead end at the north end of the street. M Street was a designated truck route. Trucks would often park on both sides of the street, even though there were signs restricting such parking. M Street also ended at an open gate for a property belonging to Hiller Aircraft Corp., a helicopter manufacturer. Prior to the subject date, Steven Palm, the manager of Hiller Aircraft, became frustrated with the trucking problem and had installed, at Hiller Aircraft’s expense, telephone poles and 10 cement barricades/blocks along M Street, with three blocks on the west side and seven on the east side of M Street, which partially blocked access to 10th Street and restricted U-turns by tractor-trailers. The sides of several cement barricades/blocks were stenciled with words informing motorists that a truck turn around would cost $50. When Jones and Cheatham reached the gate on the subject date, Cheatham got out of the truck to ask permission to turn around on the Hiller Aircraft property. Even though an employee agreed, and the tractor-trailer was in the process of making the U-turn, Palm approached the tractor-trailer in order to obtain the $50. An altercation ensued. Cheatham re-entered the tractor-trailer and attempted to leave, but Jones was thrown to the ground during the altercation with Palm. The rear wheels of the loaded trailer went over Jones’ body, causing to his head, neck, left shoulder, left buttocks, left knee and left foot. Jones sued Palm; Hiller Aircraft Corp.; Hiller Aircraft’s parent company, Siam Hiller Holdings Inc.; the maintainer of M Street, the city of Firebaugh; the believed owners of Cheatham’s trailer, Roadtex LTL, Inc. and Roadtex Transportation Corp.; the company believed to have supplied the load of tomatoes in Cheatham’s truck, Pacific Produce Distributors Inc.; and the owners of the neighboring private properties, David J. Carter as Trustee of the Raymond J. Carter Grantor Trust, Amy D. McBee as Trustee of the Raymond H. Carter Grantor Trust, and John McBee and Sheri McBee as Trustees of the John and Sheri McBee Revocable Trust. Jones alleged that Palm was negligent for the altercation and that Hiller Aircraft and Siam Hiller Holdings were vicariously liable for his actions. Jones also alleged that the city was liable for creating a dangerous condition of public property and that the Carter and McBee defendants were also liable for the dangerous condition near their private property. In addition, Jones alleged that Cheatham was negligent in the operation of the tractor-trailer and that Roadtex and Pacific Produce were vicariously liable for Cheatham’s actions. The defendants filed cross-complaints against one another, during which Cheatham and Cheatham’s employer, ATL Group, LLC, were added as third-party defendants. Palm and the McBee defendants settled out of the case, while Siam Hiller Holdings was let out of the case prior to trial for a waiver of costs. In addition, Pacific Produce Distributors was dismissed from the case after it was found to be an improperly named defendant, and several other of the first-party defendants were also dismissed from the case, as were Cheatham and ATL Group. Thus, Jones’ claim only continued against Hiller Aircraft and the city of Firebaugh, while the remaining defendants’ cross-complaints were mutually dismissed for cost waivers before the start of trial. Jones’ counsel argued that Palm negligently installed the cement barricades/blocks and that Palm negligently placed them on city property and without an encroachment permit. Counsel contended that the city had abandoned one-half of 10th Street, at the north end of M Street, in 1988, creating the dead end, and that the city had been on notice by letters from Palm in 2004 and 2006 regarding M Street and the trucking problem. Jones’ counsel added that the city’s fire chief regularly drove on M Street north, turned onto 10th Street and then, from the canal bank, went northbound in order to be assured that the city’s 40,000-pound fire engines could take that route. However, counsel argued that the fire chief never reported any of the cement barricades/blocks, which were put in place approximately one year prior to the accident. Jones’ counsel further contended that, 10 days before the subject accident, an employee of Palm’s alleged that the city’s fire chief told him to remove the telephone poles and that the city’s fire chief may have also asked that the cement barricades/blocks be removed also. In addition, counsel contended that the fire chief went to the chief of police and the city manager/public works manger to inform them both of the problem with the cement barricades/blocks on June 20, 2018, and that the chief of police also sent out a code enforcement officer that same day, but that Palm told the code enforcement officer that the cement barricades/blocks were on Hiller property, which was not true. As a result, the code enforcement officer reported the discussion to the chief of police, who informed the city manager/public works director. Jones’ counsel contended that as a result, the code enforcement officer, chief of police and city manager/public works director were going to see if a survey had been conducted by the city, but that, ultimately, they did nothing to remove the cement barricades/blocks. Plaintiff’s counsel noted that the city subpoenaed and spoke with the owner of the tomato packing facility, the Red Rooster, who was the owner since approximately 2004. At his deposition, the owner testified that he had made complaints regarding the condition of 12th Street to various public works directors since he purchased the business, but that nothing was ever done. Thus, plaintiff’s counsel argued that the city’s abandonment of the roads, caused it be unclear whether the dirt portion of the roads of 10th and 11th Streets actually intersected with the dirt road portion of M Street and that Palm/Hiller Aircraft negligently installed the cement barricades/blocks along M Street, partially blocking access to the city’s abandoned 10th Street, creating the dead end. Counsel argued that as a result of the roadways’ condition, the truck containing Jones and Cheatham was forced to make a U-turn, which led to the altercation. Hiller Aircraft’s counsel argued that Hiller Aircraft was not vicariously liable for Palm and that liability should be attributed to Jones, Cheatham and the city only. The city’s counsel noted that the city abandoned portions of M Street and 10th Avenue in 1988, by resolution of city council, in order to allow for private use of right-of-way because those portions of the roadways were no longer needed for use as a public roadway. As a result, the abandoned areas allegedly formed part of the parcel upon which the Hiller Aircraft property was located. The city’s counsel contended that there was no history of any accidents or on M Street, or at the Hiller Aircraft property, but that there were complaints about the conditions of the pavement and roadway. However, counsel contended that the city never had the funds to be able to improve the pavement conditions, even though it sought grant funding on multiple occasions. The city’s counsel added that, in 2017, Hiller Aircraft commissioned a survey of its parcel and nearby parcels for a fence project, as the physical property lines in the area had never been established. The city’s counsel contended that as a result of the survey, Palm believed that he had placed the concrete barricades/blocks on private property and with the permission of private property owners and that Palm never obtained an encroachment permit from the city, as his survey indicated that the barricades/blocks were not being placed within the city’s right-of-way. However, counsel contended that it was later determined that at least nine of the concrete barricades/blocks were placed within the city’s right-of-way, but that it was undisputed that tractor-trailers and other vehicles were able to turn and/or maneuver before encountering the concrete barricades/blocks, and even when they were between the concrete barricades/blocks, without any issue. In addition, counsel contended that on June 22, 2019, the city initiated a code enforcement investigation into the placement of the concrete barricades/blocks, which partially blocked access on 10th Street to a private road that was adjacent to the Helm Canal, but that as part of the investigation at that time, Palm advised the city of his survey and permission from the nearby private property owners. However, the city’s counsel added that Palm did not provide the survey until after the subject incident and that the city did not conduct its own survey prior to the subject incident because it would have cost more than $8,000 and taken more than two months to complete. Regardless, the city’s counsel denied that any condition of the public property was "hidden," as Jones testified that he was aware of the conditions and the concrete blocks on the side of the dirt roadway. Counsel also noted that Jones admitted that he came to a complete stop before choosing to go on to the Hiller Aircraft property. Counsel also denied that a "dead end" or "no outlet" sign was necessary on M Street, as the conditions of the roadway were obvious and that there were no issues prior to the subject incident. As a result, the city’s counsel argued that Jones could have stopped or turned onto 11th Street, which was less than 500 feet in either direction between Red Rooster and Hiller Aircraft, but that Jones, instead, continued the tractor-trailer northbound toward the Hiller Aircraft property. Counsel contended that Jones ultimately stopped within 25 feet of the fence/gate at the Hiller Aircraft property, which crossed M Street and was clearly delineated an end of the public roadway. In addition, the city’s counsel noted that Jones admitted that he stopped the tractor-trailer between the concrete blocks, that he chose not to turn before or between the concrete blocks, and that he allowed Cheatham to exit the vehicle to seek permission to use the Hiller Aircraft property to make a U-turn. Thus, the city’s counsel argued that liability should only be attributed to Jones, Cheatham, Palm and Hiller Aircraft., Jones sustained crushing to the left side of his body, including his left shoulder, left buttocks, left knee and left foot. He also Jones suffered a moderate traumatic brain injury, a neck fracture, and tears of the medial and lateral menisci. In addition, he sustained a glenoid fracture to his left shoulder, a glenoid labrum tear, a scapula fracture, a shoulder dislocation and a Hill-Sachs deformity, which is a compression injury to the posterolateral aspect of the humeral head. Jones was taken to Community Regional Medical Center, in Fresno, where he was hospitalized for four months. He then underwent two months of additional treatment at Magee Rehabilitation Center, in Philadelphia, where he continues to be seen as an outpatient. In total, Jones underwent 28 surgeries before trial. Jones claimed that he is left with heterotrophic ossificans, the presence of bone in soft tissue where bone normally does not exist, as well as stiffness to his left shoulder and left knee as a result of his fractures. He also claimed he sustained a left drop foot, effusion of the left knee joint and calcifications and stiffness in the left knee as a result of the crush injury. He further claimed that he is left with degenerative changes from his knee . In addition, Jones claimed that he suffers from depression and post-traumatic stress disorder. Jones requires the use of a cane or wheelchair to move around. He also continues to undergo surgeries for skin expanders at Johns Hopkins Hospital, in Baltimore. He claimed that he may potentially undergo a reversal of a colostomy and that it is anticipated that he will have three more procedures to the left buttocks. He further claimed that it is anticipated that he will eventually require a total left knee replacement. Jones and has not worked since the day of the accident, and he alleged that he will never work again. Jones sought recovery of past and future medical costs, past and future loss of earnings, and damages for his past and future pain and suffering. The city’s counsel contended that the conduct of Jones, Palm and/or Cheatham were the causes of Jones’ damages, and that Jones’ were not caused by any condition of public property.