At around 7:10 a.m. on Aug. 29, 2014, plaintiff Herman Jimenez Jr., 32, a merchandiser for Pepsi Co., was stopped in his Nissan Altima on Harris Road, in Bakersfield, near Young Street. While Jimenez was stopped, a truck operated by Brad Taylor rear-ended a small sport utility vehicle that was also stopped on Harris Road. As a result, the SUV was pushed into the rear of Jimenez’s vehicle, which was subsequently pushed into the vehicle in front of him, which was also stopped. Jimenez claimed to his neck and lower back. Jimenez sued Taylor and Taylor’s employer, Packer Service Inc., which also owned Taylor’s work truck. Jimenez alleged that Taylor was negligent in the operation of his truck and that Packer Service was vicariously liable for Taylor’s actions while in the course and scope of his employment. Taylor and Packer Service accepted responsibility for the accident., Jimenez claimed that he suffered from whiplash and a herniated lumbar disc at L5-S1 level. Jimenez went home immediately after the accident and treated with rest and over the counter medications. He then called in sick to work for a few days and ultimately never returned. A week after the accident, Jimenez went to an emergency room with complaints of soft-tissue to his neck and lower back. Jimenez claimed whiplash and a lower back injury. Following diagnostic testing, the plaintiff’s orthopedic surgery expert diagnosed Jimenez with a severe herniation of the L5-S1 disc in his lower back. The expert subsequently recommended decompression and fusion surgery. However, Jimenez first attempted to treat his condition by undergoing pain management care, consisting of chiropractic treatment and three epidural steroid injections to his lumbar spine. He was also prescribed marijuana, along with a host of prescription medications, for pain relief. Jimenez claimed that he had never used marijuana recreationally prior to the accident. Jimenez claimed that despite pain management efforts, he continues to suffer from chronic lower back pain, which left him unable to enjoy recreational activities like working on classic cars and playing with his kids. He also claimed his left him unable to return to work. Jimenez testified that he plans to undergo a spinal decompression and fusion at L5-S1, which would be performed by his orthopedic surgery expert, but that he had not undergone surgery by the time of trial. The plaintiff’s medical experts testified that all of Jimenez’s past medical expenses were reasonable, that Jimenez needed future surgery and/or future injection therapy, and that Jimenez would not be able to return to work without vocational rehabilitation. Thus, Jimenez sought recovery of $3.4 million in total damages. Defense counsel admitted that the accident caused Jimenez to suffer a short-term, mild, soft-tissue injury to his neck and lower back, but disputed the nature and extent of Jimenez’s residual damages and the amount of damages alleged. Defense counsel argued that Jimenez’s lower back complaints were exaggerated and were present prior to the accident via a pre-existing pars fracture of the spine. Counsel also argued that all of Jimenez’s treatments, provided on a lien basis, were not reasonable or necessary. Further, defense counsel argued that Jimenez used marijuana for pain relief long before the accident and that Jimenez told his pain management physician in April 2016 that he was 80 percent better and did not require further treatment. The defense’s expert neurosurgeon testified that Jimenez should have returned to baseline within 18 months of the accident and that there was no need for a future lumbar surgery. Thus, according to plaintiff’s counsel, defense counsel suggested to the jury that it should award Jimenez no more than $50,000.