The plaintiff's wife was in the vehicle as the defendant's heavy equipment rolled down the hill. The plaintiff, who was a deputy commissioner for the California Highway Patrol, jumped into the cab of his truck and forced his wife out of the vehicle when it was struck. The impact resulted in the plaintiff being ejected through the passenger side of his vehicle. He suffered a cervical and lumbar spine injury resulting in a cervical spinal fusion with permanent lumbar injury, forcing his retirement from the California Highway Patrol. Defendant contended that the plaintiff had prior neck and back problems and his retirement was not precipitated by the subject incident. Total medical expenses were $75,000.