On Nov. 8, 2010, plaintiff David Howard, 65, a pharmaceutical sales representative, was driving his sport utility vehicle on southbound Moorpark Road in Thousand Oaks. Near the intersection with Columbia Road, Howard, who was stopped in the number one lane, was rear-ended by a vehicle operated by Ricardo Dorado, 21. Howard claimed to his lower back and right knee. Howard sued Dorado and Maria Ochoa, Dorado’s mother and the registered owner of the vehicle. Howard alleged that Dorado was negligent in the operation of his vehicle and that Ochoa was statutorily liable. The matter proceeded to arbitration. Howard claimed that Dorado was inattentive to slowing traffic ahead, causing the accident and his personal . Dorado and Ochoa stipulated to liability., Howard was examined by emergency personnel at the scene, but was not transported to a hospital. Instead, he sought treatment with a personal physician the same day of the accident. Howard was diagnosed with musculoligamentous damage to his lower back and an exacerbation of a pre-existing osteoarthritic condition of his right knee. He subsequently received epidural injections for his lower back and underwent a total right knee replacement in April 2012. Howard claimed he was ultimately able to return to his pre-accident activities, such as hunting, although he has had to make some adjustments due to his artificial knee. He also claimed he missed one month of work post-surgery, but he received worker’s compensation benefits while out of work. Thus, Howard sought recovery of past medical costs in excess of $41,000 and recovery of damages for his past pain and suffering. Defense counsel argued that Howard’s were not caused by the accident. Specifically, counsel argued that Howard was a candidate for a knee replacement prior to the accident.