On May 15, 2008, plaintiff Caroline Nelson, 49, who worked for Noble Saw as an outside sales representative, was operating her green 1996 Nissan pickup truck in the number 3 lane of Interstate 80 East, between Winters and Longview, when her truck was struck by a blue 2008 Volkswagen Jetta rental operated by Lindsay Wiesner, who was originally in the number 1 lane. Wiesner claimed that she was driving in the number 1 lane when a green 1993 Toyota pickup truck operated by Earl McCaslin cut her off when McCaslin attempted to merge into the number 1 lane from the number 2 lane. Nelson sustained to her back, neck, left knee and hips/pelvis as a result of the crash. Nelson sued Wiesner; Earl McCaslin; and the owner of Mr. McCaslin’s vehicle, his mother, Kendra McCaslin. Nelson claimed that Wiesner and Mr. McCaslin were negligent in the operation of their respective vehicles, and that Ms. McCaslin was vicariously liable for Mr. McCaslin’s actions. However, it was ultimately determined that Mr. McCaslin had purchased the vehicle from his mother, so Ms. McCaslin was dropped from the suit at trial. McCaslin and his mother then filed a cross-claim against Wiesner for motor vehicle negligence. Nelson’s counsel argued that Wiesner’s swerving was unreasonable under the circumstances. Counsel also argued that Mr. McCaslin made an unsafe lane change in front of Wiesner, which caused Wiesner to swerve and, ultimately, collide with Nelson. Wiesner’s counsel contended that Wiesner was lawfully in her lane and that Mr. McCaslin’s unsafe lane change presented Wiesner with an emergency situation in which she attempted to avoid a collision with Mr. McCaslin’s vehicle after he cut her off. Counsel also noted that a California Highway Patrol Officer claimed that Mr. McCaslin went from the number 2 lane into the number 1 lane, “cutting-off” Wiesner and causing her to lose control and collide with the center divider, before ending up in the number 1 lane. The officer further claimed that as a result, he found Mr. McCaslin to be at fault for the accident and did not find the Wiesner’s driving to be an associated cause. Mr. McCaslin claimed that he never moved into the number 1 lane and had remained in the number 2 lane at the time of the accident. Thus, he claimed that Wiesner’s collision with Nelson had nothing to do with him., Nelson claimed a meniscal tear to her left knee, and pain to her back, neck and hips/pelvis. She was taken to a hospital and treated in the emergency room the day of the accident. On June 2, 2008, she went to Kaiser Permanente as part of her workers’ compensation evaluation and was referred to physical therapy, which she underwent one session on June 16, 2008. Nelson then received chiropractic care from June 11, 2008, to Dec. 1, 2008, and received no further treatment until Sept. 16, 2009, when she went to an orthopedic surgeon for her left knee. He prescribed an MRI for Sept. 23, 2009, which revealed a meniscal tear. Nelson then underwent surgery on her left knee on Feb. 23, 2010. She did not have any physical therapy since the surgery, but eventually went to pain management physician to obtain facet joint injections and a radiofrequency ablation procedure to reduce pain. Nelson has two scars left from the knee surgery, which she alleged are sensitive to touch. She also alleged that she can no longer kneel on her left knee, but that she has not lost any strength in that leg. She further alleged that she has no more swelling or pain in the knee, and that it does not bother her at work or at home. However, Nelson claimed that her neck remains achy and stiff from time to time, and that it pops with certain movements. She also claimed that she has restricted range of motion with the neck, in all planes, and that she feels like she moves “like Frankenstein.” In addition, Nelson claimed that her lower back is likewise achy and occasionally painful. She alleged that as a result, she is afraid to lift anything, and that her employer has accommodated her from lifting or carrying heavy items. Nelson contended that she does not know what type of injury to the neck and lower back the doctors have diagnosed, but that she has developed some tingling in her right hand since the accident, although she could not say when it started. She further explained that the tingling is in the right pinky and ring finger, and that it does not affect her use of the arm or hand, but is simply noticeable. Nelson’s husband intially brought a loss of consortium claim, but that the claim was ultimately dropped. Wiesner’s counsel noted that the plaintiff’s treating orthopedic surgeon told Nelson that the MRI showed a torn meniscus, but that following the surgery, the surgeon told Nelson that he had smoothed the knee bone and that Nelson does not know if he did anything to the meniscus.