On Nov. 30, 2011, at 5:40 a.m., plaintiff Reiko Ogura-Doggett, a small business owner, was finishing her 11-mile jog west on the Yucca Trail in San Bernardino when she was struck by a vehicle operated by Kyle Harris. Ogura-Doggett sustained fractures to her left lower leg and ankle, as well as multiple rib fractures. Ogura-Doggett brought a claim against Harris, alleging that the driver was negligent in the operation of his vehicle. She also sought further recovery via the supplementary-underinsured-motorist provision of her own insurance policy, which was administered by Automobile Club of Southern California (AAA). Ogura-Doggett claimed that Harris panicked and slammed on the brakes, causing his vehicle slid into her. Plaintiff’s counsel noted that the skid marks reflected this description of the accident. Harris and the police report both claimed that Ogura-Doggett was crossing the road at the time of the collision., Ogura-Doggett was treated at the scene by the Yucca Valley Fire Department and taken to Hi-Desert Medical Center. She sustained to her left leg and ankle, including a displaced comminuted fracture of the distal tibial metadiaphysis, a comminuted fracture of the distal fibia, and a non-displaced transverse fracture of the lateral malleolus. She also sustained five fractured ribs, resulting in a right punctured and collapsed lung. For repair, Ogura-Doggett underwent open reduction and internal fixation of the left distal tibia and fibula fractures. Ogura-Doggett was a world class runner for 30 years and weighed 90 pounds before the incident. However, she was down to 65 pounds at her deposition, as she lost 25 pounds due to the anti-infection medicine she took, which made her sick, as she could not hold her food down. Plaintiff’s counsel also contended that Ogura-Doggett’s were consistent with her version of the incident.