On Dec. 4, 2007, Patricia Berry, an employee of plaintiff the city of Los Angeles, was stopped on southbound Crenshaw Boulevard, at the intersection with Washington Boulevard in Los Angeles, when her vehicle was rear-ended by a 2000 Lincoln Navigator that was operated by Hugh Hardy. Berry, who was on duty at the time of the crash, claimed to her right knee and back, and was paid worker’s compensation benefits by her employer. The city of Los Angeles subsequently sued Hardy and the co-owner of his vehicle, Bernice Hardy, his wife. It alleged that Mr. Hardy was negligent in the operation of his vehicle and that Mrs. Hardy was vicariously liable for his actions. Mr. Hardy conceded to liability., Berry claimed knee and back pain, and first sought treatment several days after the accident. She claimed she suffered a torn lateral meniscus of the right knee and a lumbar disc bulge at L4-5. She subsequently underwent physical therapy for her back and arthroscopic surgery to her knee in 2012. Berry claimed $25,463 in lost earnings, as she was out of work for approximately six months before returning with only minor knee pain. Thus, the city of Los Angeles sought recovery of $15,872 for the duty payments for Berry’s medical costs, which included the cost of the arthroscopy and physical therapy. Defense counsel argued that the rear-ender involved a low-impact collision, and was not sufficient enough to cause any alleged injury to Berry or damage to her vehicle. Counsel also argued that any Berry claimed were pre-existing.