On the early morning of Feb. 2, 2011, plaintiff Caleb Pelligrini, 27, a special needs teacher, was walking on the side of Howe Street in Santa Cruz when he was struck in the back by a passing vehicle operated by Jeremy Painter. The vehicle was traveling in the same direction as Pelligrini on Howe Street. Pelligrini sued Painter. He alleged the defendant was negligent in the operation of his vehicle. Painter did not contest liability, but admitted no wrongdoing., Pelligrini was taken from the scene of the accident by ambulance to an emergency room. He claimed back pain and underwent a MRI, which revealed soft-tissue strains and sprains. He subsequent underwent physical therapy and required attendant care for three weeks. Pelligrini claimed that he still experiences some occasional residual pain, but has no major restrictions and does not currently seek further treatment. Thus, he sought recovery of $16,000 in past medical costs and unspecified damages for his past pain and suffering. Defense counsel contended that Pelligrini sustained a non-surgical injury that was not serious, and that his condition had greatly improved.