At approximately 2 p.m. on May 16, 2011, plaintiff Ravuth Kith, 41, a machinist, was driving north on Interstate 5 in Tustin when he was rear-ended near the exit for Tustin Ranch Road by a vehicle operated by Eleazar Zacarias. Kith claimed to his neck and shoulder, as well as property damage to his vehicle. Kith sued Zacarias. He alleged the defendant was negligent in the operation of his vehicle. Kith contended that while he was driving in the left lane, to the right of the carpool lane, he was rear-ended by Zacarias and pushed into the carpool lane. He claimed that Zacarias was negligent for following him too closely on the highway and failing to avoid striking him. Zacarias claimed that he and a front seat passenger were traveling in the carpool lane when Kith swerved in front of him from the lane to his right. He alleged that as a result, he could not avoid striking the plaintiff’s vehicle. The front seat passenger testified that he saw Kith speeding by in the lane to his right, before slamming on his brakes and swerving into the carpool lane., One month after the accident, Kith presented to his primary care doctor with complaints of neck and back pain. He was subsequently diagnosed with soft-tissue strains and sprains, but did not seek further treatment. Kith claimed his resolved, but that he missed a few days of work. Thus, he claimed $1,616 in past medical costs, and sought recovery of $434.64 in damages for his past lost earnings and $18,058.97 in stipulated property damage to his vehicle. Defense counsel disputed Kith’s , arguing that Kith only consulted with his doctor one month after the accident at the request of his attorney. Counsel also argued that the accident involved a light impact, which could have only caused a minor injury, if anything.