On the morning of May 3, 2010, plaintiff Marilyn Terry, 55, a preschool aide, was driving on Interstate 880 in Oakland. Terry was involved in a sideswipe collision with a vehicle operated by Sawanja D. Everhart. Terry claimed to her neck and back. Terry sued Everhart. She alleged that the defendant was negligent in the operation of her vehicle. Terry claimed that Everhart attempted a negligent lane change from the right side, striking the right rear side of her vehicle. Everhart denied liability, arguing that it was Terry who made a negligent lane change, causing the sideswipe collision. , Terry went to her treating Kaiser physician a few days after the accident. She claimed soft-tissue strains and sprains to her neck, and an aggravation to a pre-existing lower back injury. Terry continued to treat conservatively through Kaiser for a few months. Terry claimed she still has some residual pain and discomfort in her neck and back, and that she also aggravated a prior injury to her surgically replaced right knee. She claimed she missed 40 hours of work following the accident, and claimed $520 in lost earnings. She also claimed $4,500 in past medical costs, and sought damages for her pain and suffering. Everhart contended that Terry did not sustain any serious injury from the accident, and that all of her complaints were from pre-existing .