On Dec. 19, 2009, plaintiff Elsie Horath, 85, a retiree, was driving on State Route 54 in San Diego when her vehicle’s check engine light came on. She claimed that as she attempted to slow down, she was rear-ended by a vehicle operated John Hess. Horath claimed to her right, dominant shoulder and arm. Horath sued Mr. Hess and his wife and co-owner of the vehicle, Konnie Hess. She alleged that Mr. Hess was negligent in the operation in his vehicle and that his wife was vicariously liable for his actions. Mrs. Hess was ultimately dismissed from the case prior to going to arbitration. Horath claimed that she put on her hazard lights and slowed down after her vehicle’s check engine light came on, but that Mr. Hess was being inattentive and couldn’t stop his vehicle in time to prevent the accident. Mr. Hess claimed that Horath was contributorily negligent in causing the accident. The defense’s accident reconstruction expert opined that Horath made a sudden and unsafe stop on the highway, which contributed to the collision., Horath was taken by ambulance from the scene of the accident and brought to an emergency room with right arm and shoulder complaints. She underwent an X-ray and was diagnosed with a shoulder strain. Horath then treated with her orthopedist and was referred for an MRI, which revealed a torn rotator cuff of the right shoulder. In August 2011, she underwent arthroscopic surgery on her right shoulder and followed up physical therapy. Horath claimed she still deals with residual pain, discomfort and reduced range of motion in her right shoulder. She also claimed she was a lifelong tennis player up until the time of the accident, but that she can no longer play, which has severely affected her quality of life. Thus, Horath sought recovery of damages for her past medical costs, and past and future pain and suffering. Defense counsel asserted that Horath did not suffer a new injury in the accident. The defense’s expert orthopedist opined that the plaintiff only suffered a worsening of a pre-existing tear, which lead to her post-accident surgery. Defense counsel also asserted that Horath’s total damages were worth $50,000.