On Aug. 27, 2009, plaintiff Marcus Huerta, 47, a production supervisor, was driving home from work when his vehicle came to a complete stop on the 110 Freeway due to traffic slowing down ahead of him. A vehicle traveling behind him also stopped right behind him. A third car, operated by Romi Maruoka-Hamazaki, collided into the middle car, causing it to rear-end Huerta’s vehicle. Huerta claimed to his right dominant shoulder as a result of the accident. Huerta sued the operator of the third vehicle, Maruoka-Hamazaki. He alleged Maruoka-Hamazaki was negligent in the operation of her motor vehicle. Maruoka-Hamazaki admitted liability, but disputed the nature and extent of Huerta’s ., All cars were driven from the scene, and Huerta did not make any reports of personal injury at that time. However, 15 days after the accident, Huerta presented to a chiropractor, to whom he was referred to by his attorney. He claimed he suffered to his neck, back and right shoulder. While Huerta’s back and neck eventually improved, he claimed his shoulder injury did not. Although Huerta had complained of right shoulder pain for approximately five years before the accident, he claimed new symptoms, such as popping, cracking, and general weakness in the right arm, emerged after the accident. Thus, Huerta received three sets of MRIs to his right shoulder, two of which indicated a partial rotator cuff tear and the third of which indicated no rotator cuff tear. Defense counsel argued that Huerta had fully recovered within three to four months of the accident.