At approximately 7:30 p.m. on Aug. 8, 2012, plaintiff Monique Withington, 48, a Department of Motor Vehicles coordinator for Hardin Hyundai, was driving in the number one lane on southbound Bolsa Chica Road, in Huntington Beach. As she entered the intersection with Oahu Drive, her vehicle was broadsided on the driver side by a vehicle operated by Dennis McCollum, who was attempting a left turn from eastbound Oahu Drive onto northbound Bolsa Chica Road. Withington claimed to her head, neck, upper back, and left wrist. Withington sued McCollum and the owner of McCollum’s vehicle, Cortech Engineering Inc. Withington alleged that McCollum was negligent in the operation of his vehicle and that Cortech Engineering was vicariously liable for McCollum’s actions. Withington contended that McCollum had a stop sign on eastbound Oahu Driver and was attempting a left turn. Thus, he claimed that McCollum failed to yield to oncoming traffic at the subject intersection. Withington alleged that the violent impact caused her vehicle to spin out of control and across a median divider. McCollum and Cortech Engineering admitted liability., Withington claimed the collision caused her head to slam into the driver’s side window, causing disorientation, a concussion, and immediate neck pain. She was subsequently taken by her son to the emergency room at Fountain Valley Regional Hospital, in Fountain Valley. Withington was ultimately diagnosed with a nondisplaced fracture to her left, non-dominant wrist, which healed after two months with no ongoing problems. She also claimed neck and upper back pain, for which she initially treated with physical therapy. Withington ultimately underwent a cervical MRI, which revealed a herniated disc at C5-6, for which she underwent an anterior cervical decompression, total discectomy, and fusion at C5-6 on June 4, 2013. Withington claimed that she recovered well from the cervical surgery, and X-rays taken three months later showed a stable fusion with good formation. She alleged that she returned to work five months after the accident, but that she lost her job and has not been able to effectively return to work since that time. She claimed that her radicular complaints eventually returned and that a cervical CT scan, taken roughly a year after the surgery, showed post-surgical changes to the anterior discectomy and fusion with evidence of bony bridging. As a result, Withington sought a second opinion from a spinal surgeon, who diagnosed her with pseudarthrosis of the cervical spine with loosening of the prior fusion hardware. Withington’s spinal surgeon ultimately recommended an anterior excision of the pseudarthrosis with utilization of a PEEK lordotic interbody reconstructive graft and stem cell derivative for fusion, as well as considerations for posterior lateral mass screw placement at C5-6. However, Withington claimed that due to several family complications, she was forced to delay the second cervical surgery. Thus, Withington sought recovery of $48,965.03 in past medical costs, $95,164 in lost earnings, and $165,000 to $192,000 in future medical costs (related to a second cervical surgery to fix a loose plate). She also sought recovery of damages for her past and future pain and suffering. Defense counsel disputed Withington’s alleged and damages. Counsel asserted that Withington was the primary cause of her fusion’s failure because she refused to comply with her doctor’s orders to quit smoking after the surgery. Defense counsel contended that Withington was a life-long smoker and that she had been warned by her initial surgeon that smoking could cause failure in the adherence of the graft material. Counsel further contended that while Withington tried to quit smoking after her fusion, she resumed the habit within two months of the surgery. Thus, counsel asserted that, consequently, Withington was the primary cause of the pseudarthrosis and loosening of her fusion material. In response, plaintiff’s counsel contended that Withington’s smoking habit was a pre-existing condition, such that it could not relieve the defendants from liability for Withington’s need for second surgery, even if the smoking was the cause of the fusion failure.