On Sept. 16, 2009, plaintiff Scott Gerard, a student in his 20s, was driving in stop-and-go traffic on Interstate 680 in the Sunol grade area when he was rear-ended by a vehicle operated by June Mascitelli. Gerard claimed to his lower back and right knee. Gerard sued Mascitelli. He alleged the defendant was negligent in the operation of her vehicle, causing the accident and his personal . Mascitelli admitted liability for the accident., Within days of the accident, Gerard went to a Kaiser Permanente urgent care facility with complaints of pain to his lower back and right knee. He subsequently underwent an MRI and was diagnosed with soft-tissue strains and sprains. Gerard treated his with physical therapy, chiropractic care and massage therapy for roughly four months. Gerard claimed he was very physically fit prior to the accident, but was limited in exercising during his recovery. However, he claimed his have resolved. Thus, Gerard sought recovery of approximately $7,000 in past medical costs and an unspecified amount of damages for his past pain and suffering. Defense counsel contended that Gerard did not sustain a serious injury from the subject accident and that his treatment was excessive. Counsel further contended that Gerard had lapses in treatment.