On Jan. 4, 2010, at approximately 3:30 p.m., plaintiff Mel Lewis, 56, a limousine driver, was driving his limousine on eastbound Interstate 10, near the Robertson Boulevard off-ramp in Beverly Hills, when he was involved in a rear-end collision with a rented pick-up truck operated by Chester Willington Brakeman. Lewis, who rear-ended Brakeman, claimed to his neck, back and left shoulder. Lewis sued Brakeman and the owner of the pick-up truck that Brakeman rented, Enterprise Rent-A-Car. He alleged that Brakeman was negligent in the operation of his vehicle and that Enterprise was vicariously liable for Brakeman’s actions. Lewis’ employer, First Class Limousine Service, intervened in the action with a property damage claim. Prior to trial, Enterprise Rent-A-Car was dismissed from the case. Thus, the matter proceeded to trial against Brakeman only. Lewis contended that while they were driving in moderate traffic on eastbound I-10, Brakeman cut him off, causing him to rear-end Brakeman’s pick-up truck. Plaintiff’s counsel presented testimony from an eyewitness (who wasn’t included in the police report) that corroborated with Lewis’ account of the accident. Brakeman denied cutting off Lewis and contended that he was in front of Lewis, in the same lane of travel, for several miles prior to impact. Thus, he claimed that Lewis caused the rear-end collision by driving inattentively and failing to stop his vehicle in time to avoid the accident., Three days after the accident, Lewis went to a chiropractor with neck and back complaints. He subsequently underwent X-rays, which revealed soft-tissue strains and sprains. As a result, Lewis underwent four months of chiropractic care. Lewis claimed that while his neck and back have resolved, he now experiences related pain in his left shoulder, for which his chiropractor claimed he may require surgery. Lewis also claimed he missed 17 days of work following the accident and is now restricted from certain activities, such as riding his bicycle. Thus, Lewis sought recovery of $5,093 in damages for his past medical costs, $2,312 in damages for his past lost earnings and an unspecified amount of damages for his pain and suffering. First Class Limousine Service sought recovery of roughly $10,000 in property damages. Defense counsel contested Lewis’ alleged need for a shoulder surgery. Counsel also moved to have the plaintiff’s treating chiropractor’s testimony regarding the shoulder injury barred since the chiropractor was allegedly not qualified to testify about shoulder . The motion was ultimately granted by the court.