The case involves a man who was injured in a motor vehicle accident. He had just gotten on the highway and was traveling in a lane that merged from two lanes down to one. As he was merging, he hit a large pothole which caused his front tire to go off the edge of the road. When the driver corrected to get back onto the road, he overcorrected, came across the center line, and struck another vehicle head-on. The man suffered a traumatic brain injury and was unable to return to work for 8 months. An expert in highway design and engineering was sought to opine on the surfacing of the roadway.