On Nov. 7, 2007, around 7 p.m., plaintiff Sheree Skidmore-Wheeler, 38, was 31 months pregnant, in a Lexus sport utility vehicle in San Jose, when her vehicle was rear-ended by a Ford Mustang operated by Richard Oswald. She claimed neck and back as a result of the crash. Skidmore-Wheeler sued Oswald, alleging the defendant was negligent in the operation of his Mustang. Oswald admitted liability for the low-speed accident., Skidmore-Wheeler claimed she suffered a facet injury and syndrome to the cervical spine, as well as a lumbar disc bulge, as a result of the accident. Following the crash, Skidmore-Wheeler was taken by ambulance to Santa Clara Valley Medical with cervical spine precautions. She was admitted for five days with neck and back complaints and concerns regarding her fetus. After discharge, Skidmore-Wheeler treated at a Kaiser Permanente hospital for three years with neck and back complaints. Her treatment included physical therapy, acupuncture, injections and pain management. She then commenced treatment with her orthopedic physician for cervical spine facet injections and lumbar spine ablations. Skidmore-Wheeler ultimately had to go through labor with a hard collar on her neck. Thus, Skidmore-Wheeler sought recovery of future medical costs in the amount of $500,000, as well as recovery for her past medical costs. She also sought recovery of non-economic damages for her past and future pain and suffering. Skidmore-Wheeler’s husband, Todd Wheeler, sought recovery of damages for his loss of consortium. Defense counsel argued that Skidmore-Wheeler only sustained soft-tissue . Counsel also argued that some of Skidmore-Wheeler’s past medical treatments, and all of her future treatments, were not reasonable or necessary. Defense counsel introduced a sub rosa video of Skidmore-Wheeler’s activities shortly before trial.