On March 1, 2017, plaintiff’s decedent Paul Perkins, 64, was driving on Terminal Avenue, between Riverbank and Modesto, in Stanislaus County. His wife, plaintiff Rosemary Perkins, 64, was a front-seat passenger, and their neighbor and friend, plaintiff Maria Consuelo Rosas-Calderon, 41, was a right, rear-seat passenger. Terminal Avenue was a two-lane road without any adjacent improvements, lights or fog lines identifying the edge of the roadway. The road was painted with yellow skip-stripes identifying the northbound and southbound lanes. As the Perkins pickup truck was southbound on Terminal Avenue, the left front of the vehicle was struck by the left front of a pickup truck operated by William Borges, who was driving north on Terminal Avenue. Mr. Perkins was killed instantly, Ms. Perkins sustained to her jaw and left knee, and Rosas-Calderon sustained to her chest. Rosas-Calderon and Ms. Perkins, who was acting individually and as the successor-in-interest to her husband’s estate, sued Borges and Borges’ employer, Waterworks Industries Inc., which also owned Borges’ pickup truck. The lawsuit alleged that Borges was negligent in the operation of his vehicle and that Waterworks Industries was vicariously liable for Borges’ actions while within the course and scope of his employment. Rosas-Calderon agreed to a $75,000 settlement prior to trial. Thus, the matter continued with Ms. Perkins’ claims only. Ms. Perkins claimed that Borges was speeding and crossed over the centerline into the southbound lane, where her vehicle was traveling, causing the accident. Plaintiffs’ counsel contended that the Perkins vehicle was traveling at an estimated speed of 55 mph to 56 mph, while the posted speed limit was 55 mph. Counsel also contended that the data retrieved from the event data recorder contained within Borges’ vehicle revealed that Borges’ speed at the moment of impact was 70 mph, which meant that Borges’ truck struck the Perkins vehicle at a closing speed estimated at 125 mph. Counsel further contended that the data revealed that there were no steering movements to avoid the impact nor was there any braking during the five seconds before impact. The plaintiffs’ accident reconstruction expert testified that based upon the gouge marks in the roadway, the physical evidence to both vehicles and the data from the event data recorder in Borges’ pickup truck, the impact occurred as much as three feet into the southbound lane, where the Perkins vehicle was traveling. Both the plaintiffs’ and the defense’s experts agreed that the impact occurred in the southbound lane. Defense counsel contested liability, arguing that Mr. Perkins contributed to the cause of the incident by traveling either on or over the skip-striped middle line of the roadway. The defense’s accident reconstruction expert opined that the impact occurred either on the centerline or as much as 20 inches inside the southbound lane. Defense counsel, through their experts, contended that Mr. Perkins created a condition of imminent peril, which excused Borges’ conduct. Specifically, an independent witness who was traveling behind the plaintiffs’ vehicle testified that the Perkins vehicle was traveling south and either crossed the centerline into the northbound lane or was near the center line during the moments before the impact. Based upon the witness’ testimony, the defense’s accident reconstruction expert opined that Borges was presented with a condition of imminent peril when Borges observed the headlights of the Perkins vehicle across the centerline, traveling in the northbound lane, which caused Borges to move his vehicle to the east side of the road. The expert opined that as result, Borges’ truck left the roadway surface and that when Borges attempted to get back onto the roadway surface, he temporarily lost control of his vehicle, causing him to travel across the northbound lane and into the southbound lane., Mr. Perkins died at the scene, while Ms. Perkins and Rosas-Calderon were taken from the accident scene and brought to a hospital. Rosas-Calderon suffered a fractured sternum. She claimed medical specials of less than $1,500, which was paid by Medi-Cal. However, Rosas-Calderon ultimately settled out of the case. Ms. Perkins sustained a fractured jaw and a fracture of her left tibial plateau. Her jaw was wired shut at the hospital and it remained wired shut for 60 days. Ms. Perkins claimed that both her jaw and tibial plateau fractures resolved within 12 months of the accident. Mr. Perkins sustained multiple traumatic and died instantly from the impact. Ms. Perkins, acting individually and on behalf of her husband’s estate, sought recovery of past medical costs, and damages for her past pain and suffering as a result of her own direct . She also sought recovery of wrongful death damages for the loss of her husband, Mr. Perkins. Specifically, Ms. Perkins sought recovery for her past and future loss of financial support that her husband would have contributed to her, past and future loss of gifts or benefits that she would have expected to receive from her husband, past and future loss of household services that Mr. Perkins would have provided to her, and Mr. Perkins’ funeral and burial expenses. In addition, Ms. Perkins sought recovery of noneconomic damages for the past and future loss of her husbands’ love, companionship, comfort, care, assistance, protection, affection, society and moral support, as well as the loss of Mr. Perkins’ training and guidance.