On Aug. 19, 2012, at approximately 10:30 p.m., plaintiff Jennifer Orey, 36, a decorated Navy Rescue Diver, was inside her home when she claimed she heard a noise coming from outside. Orey, thinking it was her husband coming home from work, went outside to greet him wearing a white, V-neck shirt and light grey shorts. She was unarmed and empty-handed, her front porch was lit, and the television was on inside her house. Orey claimed that as she step outside, she noticed a light source and sounds from her backyard. As a result, she approached the area from where the light and sounds were emanating, and noticed the gate separating her backyard from her front yard was ajar. Orey claimed she announced herself verbally as the homeowner and asked if she could be of help, as she thought someone might be looking for their dog in her backyard. However, before she reached the gate, a San Diego County sheriff’s deputy, later identified as Luke Berhalter, emerged from her backyard through the open gate with his gun drawn. Berhalter, who allegedly became startled, fired his gun at Orey, striking her in the breast, arm and hand. Orey sued Deputy Berhalter; his supervisor, Sheriff William Gore; and their employers, the county of San Diego and the San Diego County Sheriff’s Department. Orey alleged that Berhalter’s actions constituted negligence, battery, and a violation of Civil Code § 52.1 (the Sarbanes-Oxley Act of 2002). She also alleged that Gore, the county and the sheriff’s department were liable for Berhalter’s actions. Orey claimed that Berhalter and his partner with him at the time were negligent for entering her property without knocking or announcing their intent to search, as they were not in active pursuit of a suspect. She also claimed Berhalter was negligent for failing to holster his weapon after his partner signaled the code to do so and for failing to properly handle a service weapon by keeping his finger on the trigger, as opposed to off the trigger, when there was no reason to do so. Berhalter claimed his weapon accidentally discharged when something, perhaps Orey, contacted his weapon. Thus, he claimed the incident was an accident and not an act of negligence., Orey sustained gunshot wounds to the left breast, left bicep, and left pinky. (The bullet traveled through the left nipple, left bicep, and then struck plaintiff’s left pinky.) Orey was subsequently taken by ambulance to Scripps Memorial Hospital, in La Jolla, where she underwent reconstructive surgery to repair the damage to her breast and nipple. She also received sutures to her bicep and pinky. Orey was left with two scars around her left breast and nipple, measuring 1-centimeter by 1-centimeter and 7-centimeters by 1-centimeter, respectively. She complained that, compared to her right uninjured breast, her left breast was tender to the touch and extremely hypersensitive around the nipple. Orey claimed she required a scar revision surgery, with an anticipated improvement of 30 to 45 percent, which would improve the symmetry of her breasts and decrease the appearance of scarring. With respect to her left bicep, Orey claimed she was left with a scar measuring 8-centimeters by 1-centimeters. She also claimed numbness and occasional tingling in the area of the scar. With respect to her left pinky, Orey claimed she suffered discoloration and a scar measuring 1-centimeter by 1-centimeter at the proximal interphalangeal joint of the left pinky. She also claimed the PIP joint is chronically stiff and the metacarpal joint has incomplete flexion with lost range of motion. In addition, Orey alleged that the shooting caused an exacerbation of her pre-existing post-traumatic stress disorder, which originated from repeated emotional trauma during her childhood and throughout her experience in the Navy. Despite her extensive pre-existing history, Orey claimed she suffered a significant increase in her PTSD symptoms, which set her psychological progress back. Thus, Orey sought recovery of $93,909 in past medical costs and $66,900 in future care costs. She also sought recovery of damages for her past and future pain and suffering. Defense counsel contended that Orey’s median nerve pathology was consistent with her prior bilateral carpal tunnel symptoms, which dated back to 1997. Counsel also contended that the shooting only slightly aggravated Orey’s PTSD for a temporary period of time.