On May 9, 2011, plaintiff David Pebley, 67, a construction sales person, was a passenger in a 37.5-foot-long recreational vehicle driven by his wife, Joline Pebley, on the Santa Paula Freeway, also known as State Route 126, in Ventura, when they felt the RV get a flat tire. Ms. Pebley attempted to pull over, but the shoulder was 8-feet wide and the RV was 8.5-feet wide. As a result, she would continue driving for a bit, stop, resumed driving again, and then stop again on the shoulder. Mr. Pebley then unbuckled his seat belt and walked to the back of the RV to get his American Automobile Association card to call for help. On his way back up, the RV was struck. Prior to the impact, Jose Estrada, an employee of Santa Clara Organics, LLC, was operating a 40,000-pound, 10-wheel, roll-off truck that was hauling mulch for a local farm. While he was driving behind the Pebley RV, his truck hit the left, rear-end of the RV at approximately 45 mph, causing the truck to burst into flames. However, the truck was unable to pull ahead to the shoulder and completely out of the lanes of traffic. Ms. Pebley, who was belted at the time of the crash, sustained only minor , while Mr. Pebley, who was unbelted, claimed to his arms, hands and back. Mr. Pebley sued Estrada; Estrada’s employer, Santa Clara Organics LLC; and the owners of Santa Clara Organics, Barbara Somers and Nelson Somers. Mr. Pebley alleged that Estrada was negligent in the operation of the roll-off truck and the remaining defendants were liable for Estrada’s actions while he was in the course and scope of his employment. Estrada, Santa Clara Organics LLC, Ms. Somers, and Mr. Somers brought a third-party claim against the driver of the RV, Ms. Pebley. The alleged that Ms. Pebley was negligent in the operation of the RV. Ms. Somers and Mr. Somers were ultimately dismissed from Mr. Pebley’s case. Mr. Pebley’s counsel contended that Estrada failed to keep a proper look out and failed stop the truck in time to avoid the collision. Estrada’s counsel contended that the roll-off truck sustained a flat tire just before encountering the RV, causing Estrada to be unable to steer the truck and avoid the RV, which was partially blocking the far right (number two) lane of Route 126. Thus, counsel argued that the accident was unavoidable. Estrada’s counsel further argued that Mr. Pebley was comparatively liable for his because he failed to wear his seat belt. As to the third-party complaint, Estrada’s counsel contended that Ms. Pebley was at least contributorily liable for the collision as a result of her failure to take reasonable care to move the RV off the road or put out emergency roadside warning placards. Counsel argued that after the flat tire, the RV protruded half-way into the traffic lane for a period of up to 10 minutes prior to the collision. Defendants contended that the Pebleys failed move the RV off the road, and failed to put out emergency roadside warning placards or otherwise warn oncoming motorists of the hazard created by the RV., Mr. Pebley claimed the collision caused him to develop carpal tunnel syndrome and sustain cervical disc . After first attempting conservative care, he underwent bilateral carpal tunnel surgeries in May 2012, as well as a three-level cervical fusion in March 2014. Mr. Pebley alleged that he was ultimately able to return to work, but that he still has difficulty at work due to his . He also alleged that his condition causes limitations to his daily activities and prevents him from being able to participate in horseback riding. In addition, he alleged that he is unable to build homes for needy people in Mexico. Mr. Pebley claimed that as a result, he will needed two additional cervical fusions, as well as one lumbar fusion. Thus, Mr. Pebley sought recovery of $4.1 million in total damages, including $267,000 in past medical expenses, $375,000 in future medical expenses, and an unspecified amount for his past and future pain and suffering. (He withdrew his claims seeking recovery for lost wages and property damages before trial.)