On Nov.16, 2015, plaintiff Walter Hernandez, a maintenance worker in his 30s who worked in at Raleigh Studios, was driving with his wife, plaintiff Sandra Gomez-Alvarenga, and their two adult children, Melvin Hernandez and Julio Alvarenga, as passengers. While they were traveling in Los Angeles, their vehicle was rear-ended by a vehicle operated by Jeffrey Bailey. The elder Hernandez claimed to his neck and back. His wife and two children also claimed . The elder Hernandez, Gomez-Alvarenga, Alvarenga and the younger Hernandez sued Bailey, alleging that Bailey was negligent in the operation of his vehicle. Gomez-Alvarenga and her two children were let out of the case after agreeing to a $20,000 global settlement. The matter continued with the elder Hernandez’s claims only. Bailey admitted negligence., Hernandez claimed he suffered herniated intervertebral discs at the C3-4, L4-5 and L5-S1 levels. He went to a chiropractor and began chiropractic care after the accident before going to see an orthopedic surgeon and undergoing MRIs. He also treated with physical therapy and medication. Hernandez claimed he had to modify his work, and change from working in maintenance to a less physically demanding position after the accident. Hernandez’s expert orthopedic surgeon opined that Hernandez would need to undergo a decompression and fusion surgery to treat the herniated lumbar discs. He estimated that the cost of the procedure would be about $150,000. Hernandez sought recovery of $11,000 in past medical costs and an unspecified amount in future medical costs. He also sought recovery of damages for his past and future pain and suffering. However, he made no loss-of-earnings claim. At trial, plaintiff’s counsel asked the jury to award Hernandez $118,000 in total damages. Defense counsel contended that the impact of the collision was moderate and that Hernandez’s vehicle sustained only $7,000 in damage. Counsel also contended that Hernandez’s complaints were all subjective and that there were no objective findings linking or relating his complaints to the subject accident. Defense counsel further contended that Hernandez’s MRIs showed pre-existing issues and that Hernandez’s testimony and were inconsistent, as Hernandez admitted on cross-examination that his chiropractor was attorney-referred, when he previously claimed his friend referred him to the doctor. In addition, defense counsel noted that the plaintiff’s expert orthopedic surgeon had not seen Hernandez in years since he examined Hernandez after the accident, but that the expert still recommended that Hernandez undergo the future surgery.