On the morning of Aug. 6, 2010, plaintiff Darin Blue, 25, a marketing associate, was riding his skateboard in an uncontrolled, marked crosswalk in Newport Beach when he struck the side of a sport utility vehicle operated by Joshua Schwab. Blue fractured his cheekbone and jaw, and was rendered unconscious. Blue sued Schwab. He alleged the defendant was negligent in the operation of his vehicle. Specifically, Blue claimed that Schwab failed to yield the right of way to a pedestrian, since the crosswalk was uncontrolled. Schwab alleged that Blue left a place of safety, rode directly into oncoming traffic, and rode into the side of the SUV as it was crossing the crosswalk. Thus, he claimed that Blue was the sole proximate cause of the accident., Blue sustained fractures to his cheekbone and jaw, and was rendered unconscious. He also fractured some teeth, and suffered severe bruising and skin abrasions to his body. Blue was subsequently taken from the scene of the accident by ambulance and brought to an emergency room, where he was diagnosed with a concussion. He ultimately had to have his jaw wired shut and have his veneers replaced. Blue claimed that his fractures healed and that he was left with minimal scarring, but that he will need his veneers replaced every seven-to-10 years, with regular follow-ups. He claimed his recovery was very unpleasant due to painful surgeries and having his jaw wired shut. Thus, Blue sought recovery of $11,500 in damages for his past medical costs, $27,000 in damages for his future medical costs, and an unspecified amount of damages for his pain and suffering.