On Oct. 23, 2009, plaintiff Eric Hunt, 29, a journeyman construction worker, was driving south on Interstate 15 in San Diego, accompanied by plaintiff David Warder, 28, a physical therapist, in the front passenger seat. At approximately 11:25 a.m., Hunt pulled over behind a disabled vehicle on the right shoulder to assist the stranded motorist. While Warder was exiting the vehicle to approach the motorist, a flatbed truck, operated by James Milloy, approached on southbound I-15, lost control and collided with the rear of Hunt’s pulled over vehicle. Both Hunt and Warder claimed multiple from the collision. Hunt and Warder sued Milloy and Padilla Construction Co., which was Milloy’s employer and owner of the truck. Hunt and Warder alleged that Milloy was negligent in the operation of his vehicle and that Padilla Construction was vicariously liable for his actions. Warder claimed that while he was in the process of exiting the vehicle, he saw, out of the corner of his eye, the flatbed truck swerving off the freeway and coming toward their direction at a high rate of speed. He claimed that as a result, he yelled “watch out!” to Hunt, who was still seated in the vehicle, causing Hunt to look over his right shoulder just as the truck violently collided with the rear driver’s side and back bumper of the vehicle at approximately 70 mph. Milloy admitted liability, and Padilla Construction admitted that Milloy was in the course and scope of its employment during the accident., Both Hunt and Warder were taken from the scene of the accident by ambulance and brought to an emergency room. Hunt claimed he suffered a 2.2-millimeter herniated cervical disc at the C6-7 level and a 2-millimeter herniated lumbar disc at the L3-4 level. He also claimed a concussion and a mild traumatic brain injury as a result of the accident. Hunt subsequently treated his conservatively with physical therapy and chiropractic care for two years, but allegedly without improvement. He claimed that as a result, he developed major debilitating radiculopathy and ultimately decided to undergo fusion surgery at both the C6-7 and L3-4 levels in 2011. Hunt claimed that he still experiences a post-traumatic concussion disorder and that his fused spine prevents him from doing hard labor, due to ongoing pain and discomfort, for which he may require future treatment. Thus, he alleged that after a failed attempt to return to work, he can no longer work as a journeyman construction worker. Hunt further claimed that he was very active prior to the accident, including be involved in hiking, camping and sports, but that he is now restricted from such activities. Thus, Hunt sought recovery of roughly $300,000 in past medical costs, and sought further damages for his future medical costs, lost earnings, and past and future pain and suffering. Warder sustained multiple fractured teeth in the accident, as well as a laceration to his chin and various soft-tissue strains and sprains to his neck and back. He subsequently had his crowns implanted, and treated his soft-tissue conservatively with some chiropractic care and physical therapy. Warder claimed he is mostly healed from his , with some minor pain, but that he has returned to work and requires no future treatment at present time. Thus, he sought recovery of approximately $20,000 in past medical costs and sought further damages for his pain and suffering. Defense counsel contended that most of Hunt’s neck and back were pre-existing based on chiropractic records dated years before the incident. Counsel asserted that these records confirmed that Hunt had experienced neck and back pain for a significant period of time. Defense counsel further asserted that Hunt was exaggerating his , and disputed Hunt’s inability to continue working as a journeyman construction worker. However, there were discovery disputes relating to post-incident surveillance of Hunt. Defense counsel did not seriously dispute Warder’s alleged .