On Jan. 12, 2016, plaintiff Yurira Evans, an attorney in her 40s, presented to Evan Berk, a chiropractor, for treatment of muscle spasms and tingling in her neck and an arm after previously striking her head on a cabinet. Evans underwent a few more chiropractic treatments with Berk, but Evans claimed that her neck and arm became painful. Evans sued Berk and Berk’s practice, Berk Chiropractic Inc. Evans alleged that Berk was negligent in the treatment he performed and that Berk Chiropractic was liable for Berk’s actions. Berk Chiropractic was dismissed from the case prior to trial. Plaintiff’s counsel contended that Berk negligently performed chiropractic manipulations on Evans, causing Evans to have worse neck and arm problems. Defense counsel contended that Evans presented to Berk with pain, that Evans left Berk’s care with pain and that Berk did nothing to make Evans’ pain worse. Counsel noted that despite multiple MRIs and tests, Evans was never diagnosed with any specific condition after seeing Berk. Defense counsel also noted that Evans’ medical records from physicians she treated with after she was in Berk’s care documented that Evans had complaints about pain before treating with Berk., Evans claimed she suffers from pain to her neck and an arm. She saw different types of physicians, but no one could consistently diagnose her with any specific condition. Evans claimed that there were times when her pain was not present and times when she had more or less pain. She treated with acupuncture and physical therapy. Evans was able to keep working, but she claimed she had to hire someone to assist with her dictation as a result of her . Evans sought recovery of medical costs, lost wages, and damages for her pain and suffering. He husband, Michael Evans, an attorney, sought recovery for his loss of consortium. The defense’s experts opined that Evans’ pain would have been the same, even if Evans had never presented to Berk. The experts also opined that Evans presented to Berk with pain and that Berk tried to help Evans, but could not. Defense counsel contended that Evans participated in activities her treating doctors advised her not to do, such as going to the gym, using the StairMaster and swimming.