On Feb. 23, 2010, plaintiff Vladimir Mikshansky, 27, was at work in Daly City, where he was part-owner of an automobile repair/electronics installation shop on Mission Street, when he was struck by a tow cable. Prior to the accident, Gonzalo Ibarra, an employee of Larry’s Towing Service, was unloading a damaged vehicle from a company tilt flat bed at Mikshansky’s auto shop. After unloading a vehicle, the tow truck bed is usually tilted up and the cable is retracted back up to the winch assembly. On this afternoon, Mikshansky attempted to help Ibarra retract the metal cable, but as he lifted it, Ibarra activated the winch, causing the cable to catch and then snap back. As a result, the cable struck Mikshansky in the neck and chest, causing him to fall backward against a parked vehicle before landing on the ground. Mikshansky claimed to his head, neck and chest. Mikshansky sued Ibarra and the operator of Larry’s Towing Service, Larry’s Towing Inc. Mikshansky alleged that Ibarra was negligent in the operation of the winch and that Larry’s Towing was vicarious liable for the actions of Ibarra, who was in the course and scope of his employment at the time of the accident. Mikshansky claimed Ibarra asked for help retracting the cable back up to the winch assembly. However, he claimed that as he lifted the metal cable, Ibarra activated the winch, causing the cable to catch and then snap back. Mikshansky claimed that the incident was captured on the shop’s security camera and that it depicted Ibarra causing the accident by activating the winch. Ibarra disputed Mikshansky’s account of the incident, claiming that Mikshansky voluntarily took it upon himself to reposition the tow truck cable while it was being rewound. He claimed this caused the hook on the braided metal tow cable to get stuck on the edge of the truck bed and snap into Mikshansky’s neck and chest. As such, defense counsel maintained that Mikshansky was comparatively at fault., Mikshansky complained of neck and chest pain, and was subsequently taken by ambulance to an emergency room, where he was treated and released. The following day, Mikshansky complained of jaw and face pain. The plaintiff’s treating physicians opined that Mikshansky suffered a concussion, a nasal injury, a neck injury, and a chest contusion. They also opined, via an MRI diagnosis, that Mikshansky suffered a torn labrum and acromioclavicular joint changes to his right shoulder. In regard to the alleged shoulder , Mikshansky claimed that he injured his right shoulder while practicing jiu-jitsu four months before the incident and that the cable incident caused further injury to the shoulder. He alleged that after the cable accident, his required several months of physical therapy and two arthroscopic surgeries (on July 26, 2010, and March 29, 2011). Mikshansky claimed he will require future epidural injections to treat ongoing neck pain and possibly require further treatment for his facial injury. He further claimed he now suffers from sleep apnea and requires breathing treatments as well as a sleep study. Thus, Mikshansky sought recovery of $84,500 in past billed medical expenses ($35,000 post-Howell) and roughly $200,000 in future medical costs. He also sought recovery of damages for his pain and suffering. Mikshansky is self-employed and was unable to establish an objective and verifiable income loss. Defense counsel disputed causation for Mikshansky’s alleged face and neck . Counsel contended that the auto shop videotape and emergency room records did not support Mikshansky’s claim of being struck by the cable in the neck and jaw. In regard to Mikshansky’s alleged shoulder injury, defense counsel contended that a review of Mikshansky’s medical history revealed high school football with complaints, treatments, and diagnoses for identical to the symptomatology that Mikshansky alleged from the subject incident. Counsel also contended that Mikshansky received an MRI referral and epidural injections for his injured right shoulder several months before the subject incident. The defense’s medical experts opined that Mikshansky suffered only a minor aggravation of his pre-existing right shoulder condition and a soft-tissue injury to his neck. In addition, defense counsel contended that the majority of Mikshansky’s alleged future medical care and treatment were speculative since Mikshansky did not undergo the prescribed treatment for over four years.