On April 11, 2012, at 3:30 p.m., plaintiff Wayne Patch, a retired 77 year old, was driving a 2002 Lexus ES300 in the number five westbound lane of Interstate 80 with his wife, plaintiff Maria Patch, a retired 76 year old, as a front seat passenger. When they were just east of Travis Boulevard in Fairfield, their vehicle was struck on the left side by a vehicle operated by Kimberly Mentzer. As a result, both vehicles departed the roadway and Mentzer’s vehicle overturned. The Patches’ vehicle ultimately struck a large tree located 19.5 feet from the edge of the traveled way (fog line) of the freeway. Although they were both using their lap and shoulder belts, the Patches each sustained multiple bodily . Mr. and Mrs. Patch sued Mentzer and the state of California, acting by and through the Department of Transportation. The Patches claimed that Mentzer was negligent in the operation of her vehicle and that Caltrans was negligent for failing to remove the subject tree, creating a dangerous condition of public property. Prior to trial, Mentzer settled with the Patches via her insurance carrier. Thus, the matter proceeded to trial against state of California only. Plaintiffs’ counsel contended that the subject tree was in a location that violated Caltrans’ own “Highway Design Manual” and that the subject tree was specifically required to be removed pursuant to a safety recommendation in the construction plan for work to be done on a 15-mile stretch of I-80. Plaintiffs’ counsel contended that although the highway was resurfaced, the safety recommendation was not followed and the subject tree was never removed. Thus, counsel argued that but for the presence of the subject tree, the Patches would have received only minor or no at all. Caltrans claimed that its Highway Design Manual did not require the tree to be removed and that removal was left to the discretion of the project engineer, who decided not to remove or guard the tree. Thus, defense counsel argued that where the tree was located did not present a dangerous condition of public property if the freeway was used with due care., Both Mr. and Mrs. Patch were taken to NorthBay Medical Center in Fairfield, but Mrs. Patch was immediately airlifted to U.C. Davis due to the severity of her . Mrs. Patch sustained multiple closed left rib fractures and a collapsed left lung, as well as fractures of the right humerus, left femur, right tibia and fibula, right knee, right ankle, right foot and toes, and lumbar spine at the an L4 level. For repair/treatment, she had titanium rods inserted into her humerus that were secured by multiple screws, and a plate and screws were used to repair her right foot and ankle. Mrs. Patch claimed that she suffers almost constant pain and discomfort, and has limited mobility and balance. Thus, she alleged that she is unable to walk or stand for any real distance or time. Mrs. Patch also claimed she suffers a partial loss of use of her right arm. Mr. Patch sustained a left distal wrist fracture; blunt force trauma to his chest; blunt force trauma to his head; resulting in a concussion; a fractured right patella; and a breast bone separation to the left side. Mr. Patch claimed he suffers almost constant pain and discomfort. He also claimed that he has limited mobility and balance, making him unable to walk or stand for any real distance or time. Mr. Patch alleged that as a result, he requires the assistance of a cane or walker to walk. Plaintiffs’ counsel contended that the responsibility for the Patches’ severe and continuing pain, suffering and disability are all due to the subject accident. Thus, counsel asked the jury to award $1,699,000 to Mrs. Patch and $1,138,000 to Mr. Patch for their respective past and future medical expenses and related costs (as presented through a life care plan), pain and suffering, loss of ambulatory abilities, depression, and potential shortened life expectancy. Defense counsel contended that both Mr. and Mrs. Patch had pre-existing arthritis, and that because of their age, they would have suffered many of the same accident-related problems at some point in the near future.