At around 6:50 a.m. on Sept. 23, 2013, plaintiff Joseph Di Pietro, 56, a boat mechanic, was riding his 1984 Honda motorcycle on eastbound Scott Road, in Menifee, when he came to a stop at a red light at the intersection of Breighton Wood Street. As Di Pietro was stopped for the red light, his motorcycle was rear-ended by a 2007 Ford Econoline Club Wagon van operated by Ray Jerrols, who was in the course and scope of his employment with Ward-Cobb Transportation Services. As a result of the impact, Di Pietro was thrown from the motorcycle and allegedly sustained of the neck, back, and right knee. The police never arrived at the scene. Di Pietro sued Jerrols and Ward-Cobb Transportation Services. Di Pietro alleged that Jerrols was negligent in the operation of his vehicle and that Ward-Cobb was vicariously liable for Jerrols’ actions while in the course and scope of his employment. Di Pietro’s recollection of the events was a bit unclear, but Jerrols claimed that Di Pietro jumped right back up to his feet and began yelling. Jerrols also claimed that the collision occurred because he could not see due to the sun being in his eyes. Thus, he ultimately admitted liability., Di Pietro claimed he sustained sprains and strains of his neck, back, and right knee. He alleged that he suffered pain in his neck, back, right knee, and right finger after the crash. He also testified that his head “felt like one of those bobble heads” at the scene. However, the police did not arrive, Di Pietro declined an ambulance, and Di Pietro left the scene on his motorcycle. He then went to Hemet, where he worked as a boat mechanic. Four days later, on Sept. 27, 2013, Di Pietro presented to a chiropractor for an evaluation based on his complaints of stiff and sore back, neck and shoulders. He then began formal treatment on Oct. 11, 2013, when he underwent his first chiropractic treatment, and underwent a total of seven chiropractic visits, which ended on Oct. 23, 2013. Di Pietro then presented to a general care/family medicine doctor in Point Loma on Oct. 30, 2013, during which he reporting pain in his back, neck and right knee. The treating physician ultimately diagnosed sprains and strains, and recommended physical therapy. When Di Pietro returned to his treating physician on Nov. 18, 2013, he reported that he was not taking pain medication, and the doctor noted that both the pain and range of motion were improving. Di Pietro underwent a total of 11 physical therapy sessions, with the last on being on Jan. 3, 2014. On March 9, 2015, Di Pietro presented to a pain management doctor, through his attorney’s referral, and was diagnosed with sprain and strain to his cervical, thoracic and lumbar spine. He was also referred for an MRI of the cervical spine, which revealed a mild degree of central stenosis at the C3-4 level, secondary to a broad-based, asymmetric, posterior disc protrusion that measures about 3.5-millimeters, at its maximum, on the left side. It was determined that the cervical disc protrusion caused pressure over the anterior aspect of the thecal sac with mild-to-moderate narrowing of the left neural foramen. The MRI also revealed a mild degree of central stenosis at the C4-5 level, secondary to a 2.5-millimeter broad-based, posterior disc protrusion that caused pressure over the anterior aspect of the thecal sac with mild narrowing of the right neural foramen and moderately significant narrowing of the left neural foramen. As a result, the treating pain management physician recommended treatment with epidural steroid injections, but Di Pietro declined the recommendation. Di Pietro next presented to his retained orthopedic expert with complaints of pain on Oct. 4, 2016. After examination and review of the records, the expert opined that Di Pietro would need a cervical discectomy with fusion. Throughout the course of his treatment, Di Pietro was reluctant to undergo any invasive interventions. He not only turned down epidural injections, but also did not take narcotic pain medication. However, to treat his pain, Di Pietro took over-the-counter aspirin and did an at-home exercise routine on a Bow Flex machine. He also underwent massage therapy at over 20 different massage parlors from San Diego to the San Gabriel Valley. Di Pietro testified that his affected his ability to care for his elderly parents. Specifically, he claimed that he was no longer able to help lift his 91-year-old dad and that as a result, his dad had to be put into an assisted care facility. However, Di Pietro was able to go back to work, but with some modifications for heavy lifting. He further claimed he continues to have pain and tries to avoid heavy lifting. Thus, Di Pietro sought recovery of $11,961.51 in past medical expenses for the seven chiropractic visits, 11 physical therapy visits, two visits to the family care doctor, two visits to the pain management doctor, one MRI, and one evaluation with a spine surgeon. He also sought recovery of future medical expenses and damages for his past and future pain and suffering. Defense counsel argued that Di Pietro’s were soft tissue in nature and should have resolved within three months of the collision. Defense counsel called Di Pietro’s treating general care/family medicine physician. The doctor testified that Di Pietro’s condition consisted of soft tissue sprains and strains that should have resolve within a few months of the accident. Thus, defense counsel contended that Di Pietro doesn’t like or need interventions and that Di Pietro is doing just fine. Counsel also argued that Di Pietro neither needs nor wants a cervical fusion. In addition, counsel implied that the massage parlors were not for medical treatment and were suspicious.