On Jan. 11, 2013, plaintiff John Di Cesare, 31, a tax consultant, was stopped facing north on State Route 110, also known as the Arroyo Seco Parkway, in Los Angeles, when his Ford Mustang was rear-ended by a Toyota Prius operated by Jessica Brennan. The force of the impact caused Di Cesare’s Mustang to strike the rear of a stopped, non-party vehicle ahead of it. Eight days later, Di Cesare was shopping in a furniture store, located on La Brea Avenue, in Los Angeles, when he suddenly bent down to prevent two large boxer breed dogs from attacking the two small dogs he had with him. Di Cesare claimed that both incidents aggravated a previously asymptomatic lower back condition. Di Cesare sued Brennan and the owner of the Toyota Prius, Barbara Moresco. Di Cesare alleged that Brennan was negligent in the operation of the Prius and that Moresco was vicariously liable for Brennan’s actions. Di Cesare also filed a separate action against the furniture store, Habite Decor, and the owner of the store, Kimberly Rebuffel. Di Cesare alleged that the two large dogs belonged to Rebuffel and that Rebuffel and Habite Decor failed to properly supervise and/or maintain control of the animals on the store premises. Brennan and Moresco did not actively dispute liability with respect to the collision. Rebuffel and Habite Decor denied liability, arguing that Di Cesare enabled the incident by bringing his dogs into the store despite a written sign forbidding outside animals. However, Di Cesare denied the existence of any such sign., Di Cesare did not seek immediate medical treatment following either incident. He eventually presented to his treating orthopedic surgeon with complaints of lumbar spine pain on Jan. 24, 2013. Di Cesare was ultimately diagnosed with an aggravation of a pre-existing lumbar disc herniation at the L3-4 level with resultant radiculopathy into the buttocks and legs. Di Cesare had previously undergone a right sided laminotomy and discectomy, but he claimed the 2013 incidents aggravated his previously treated condition. He subsequently underwent physical therapy and a series of four epidural injections. When it was deemed ineffective, he underwent an inter-laminar lumbar decompression surgery at L3-, with a left L3-4 discectomy. Di Cesare briefly out of work after the incidents. He claimed that despite treatment, he continues to suffer from chronic lower back pain. He alleged that as a result, he suffers from fatigue and difficulty standing for long periods, as well as has a limp that forces him to favor his left leg. Thus, Di Cesare sought recovery of medical costs, $6,750 in past lost wages, and damages for his past and future pain and suffering. His wife, Brianne Di Cesare presented a derivative claim seeking recovery for her loss of consortium. Brennan and Moresco’s counsel argued that Mr. Di Cesare only sustained a temporary lumbar sprain following the rear-end impact. Thus, counsel argued that any aggravation that Mr. Di Cesare may have suffered must have been caused by the second incident. Rebuffel and Habite Decor’s expert neurosurgeon stated in a report that Mr. Di Cesare’s condition was unaffected by the second incident and that surgery would have been necessary, regardless, given the degenerative nature of Mr. Di Cesare’s condition.