On May 30, 2010, plaintiff Michael Felker, 37, a textiles retailer, was traveling on northbound Sea Lion Place in Malibu, Calif. When he reached a three way stop at the intersection of Sea Lion Place and Dume Drive, a rental car operated by Elizabeth DeClifford attempted a sharp left turn off of Dume Drive onto Sea Lion Place. However, DeClifford was allegedly blinded momentarily by sunlight, causing her to strike Felker’s vehicle in a head-on collision at a low rate of speed. Felker claimed his back was injured in the accident. Felker sued DeClifford and the owner of DeClifford’s rental car, The Hertz Corp. Felker alleged that DeClifford was negligent in the operation of the rental car and that The Hertz Corp. was liable for DeClifford’s actions. The Hertz Corp. was ultimately dismissed from the case prior to trial. DeClifford conceded liability., Felker claimed the impact aggravated his pre-existing lumbar condition and necessitated a lumbar fusion surgery. Felker did not require emergency medical care at the scene, but he complained of mid-back pain following the accident. Seven weeks later, he sought treatment of lower back pain at Malibu Urgent Care, in Malibu, Calif. Felker subsequently underwent MRI studies, which revealed no new traumatic findings. However, the MRI detailed an L4-5 disc bulge, resulting in radiating nerve pain down Felker’s right leg. It also showed additional pre-existing disc degeneration. As a result, Felker treated at UCLA Santa Monica Pain Management Center and received epidural injections of a steroid-based painkiller to the lumbar spine. On Sept. 6, 2013, he underwent lumbar fusion surgery at the L4-5 level, which was performed by a neurosurgeon at Maui Memorial Medical Center, in Wailuku, Hawaii. Prior to the accident, Felker had undergone two lumbar discectomies. However, he claimed that after the accident, he required a lumbar fusion and suffers from chronic, radiating pain in his lower back. He claimed that as a result, it is difficult to work and it has impacted his ability to perform recreational activities, such as surfing and hiking. The plaintiff’s treating neurosurgeon opined that the accident caused a re-injury of Felker’s previously injured L4-5 disc and that this injury necessitated the fusion procedure. Thus, Felker sought reimbursement of his past medical expenses, and recovery of damages past and future pain and suffering. Defense counsel argued that Felker’s condition was pre-existing and not causally related to the accident. Counsel also maintained that there was no causal relationship between the accident and Felker’s lumbar fusion. The defense’s expert orthopedic surgeon testified that Felker’s surgery was performed to correct a longstanding degenerative condition, and not to correct an aggravated injury. The defense’s biomechanical engineering expert testified that DeClifford’s vehicle had been traveling at approximately five to eight miles per hour at the time of the accident. Thus, he opined that there was insufficient force to cause the alleged by Felker. In addition, defense counsel provided photos that allegedly showed minimal damage to both vehicles. Counsel argued that the photos and DeClifford’s lack of despite her advanced age proved that a minimal impact had occurred.