In 2013, plaintiff Shanon McCullen, a self-employed manicurist in her 40s, was the front seat passenger in a vehicle traveling on Telephone Road, in Ventura. When her vehicle was near the Ventura freeway, it was involved in a multiple-vehicle rear-end collision. McCullen claimed to her neck and lower back. McCullen sued the operator of her vehicle Elena Rosas. McCullen alleged that Rosas was negligent in the operation of her vehicle. McCullen and Rosas initially sued the driver of the vehicle that rear-ended them in a separate suit. At the resolution of that suit, McCullen and Rosas each agreed to settlements in the amount $42,500. In subject suit, McCullen claimed that Rosas caused the multiple-vehicle accident by rear-ending the vehicle ahead of her, which, in turn, caused another vehicle to rear-end the Rosas vehicle. During depositions, the driver of the vehicle that Rosas rear-ended stated that Rosas hit his vehicle first. He claimed that he then heard a crash and felt the second impact from the Rosas vehicle. He also described the first impact as more severe. Rosas denied liability, claiming that her vehicle was rear-ended first, pushing her into the vehicle in front of her., Following the accident, McCullen was seen at a nearby hospital, where she was treated and released. She was ultimately diagnosed with an aggravation of a pre-existing lumbar herniation and a new cervical injury, which she claimed was caused by the accident. McCullen then consulted with an orthopedic surgeon, but received no major medical treatment. McCullen claimed that she continues to suffer moderate chronic neck and lower back pain. The plaintiff’s chiropractic expert provided a report that found that McCullen had sustained a new neck injury and an aggravation of a pre-existing lumbar injury as a result of the multiple-impact collision. The plaintiff’s treating orthopedic surgeon provided a report that confirmed causation and expressed that McCullen would require future neck and lower back surgery. However, in deposition, McCullen testified that she would not undergo future surgery. Defense counsel disputed the extent of McCullen’s alleged . Counsel also asserted that McCullen would not require any future surgery.