At around 6:15 p.m. on Jan. 16, 2015, plaintiff Walter Theis, M.D., 67, founder and managing partner of Vert Fitness in Santa Monica, was driving on northbound 26th Street, which turns into Allenford Avenue in Pacific Palisades. At the same time, Ruslan Mayboroda was leaving his job as a pharmacy technician at Brentwood Pharmacy to drop off a bag at a customer’s home. The customer, who had been doing business at Brentwood Pharmacy for many years, had requested that Mayboroda deliver the bag to her that night. As both Theis and Mayboroda were traveling northbound, traffic came to a complete stop near the intersection of Brinkely Avenue and 26th Street. Theis’ vehicle was subsequently rear-ended by Mayboroda’s vehicle. There was no visible damage to Theis’ vehicle, but he claimed to his neck and back. Theis sued the operator of Brentwood Pharmacy, Pharmcorp Inc.; Mayboroda; and the owner of Mayboroda’s vehicle, Edelmira Noriega. Theis alleged that Mayboroda was negligent in the operation of his vehicle and that Noriega was vicariously liable as the vehicle’s owner. Theis further alleged that Pharmcorp was vicariously liable for Mayboroda’s actions while in the course and scope of his employment. Mayboroda and Noriega denied all liability in discovery, and Mayboroda suggested at deposition that the brakes on the vehicle did not work properly at the time of the accident. Pharmcorp denied that Mayboroda was in the course and scope of his employment at the time of the accident so as to impute liability on it. Pharmcorp’s counsel subsequently moved for summary judgment as to the issue of liability. Counsel argued in its motion that Pharmcorp could not be held vicariously liable for Mayboroda’s actions because Mayboroda had left work for the day at the time of the accident; was driving a personal, and not work vehicle; and was not required by Brentwood Pharmacy to deliver the bag. Plaintiff’s counsel also filed a motion for summary judgment as to the issue of Pharmcorp’s liability. Plaintiff’s counsel argued in its motion that Mayboroda was clearly within the course and scope of his employment at the time of the accident because he was fulfilling Brentwood Pharmacy’s policy of customer service by delivering the bag to the customer to ensure her satisfaction with Brentwood Pharmacy. Counsel contended that as Brentwood Pharmacy would benefit from the ongoing patronage by the customer, Pharmcorp had to be held vicariously liable for Mayboroda’s actions while he was completing the work task., Theis had a history of lower back issues, as well as arthritis, but he claimed the accident greatly aggravated the issues in his back, as well as caused issues in his neck. Theis did not go to an emergency room right away, but, instead, began treating at VERT Sports Therapy, his business in Santa Monica, on Jan. 22, 2015. Theis was diagnosed with cervical spondylosis with myelopathy and an intervertebral disc disorder, along with bilateral lateral recess stenosis, severe central stenosis, spondylosis, and spondylolisthesis throughout the lumbar spine. Those conditions allegedly caused weakness in his lower extremities and hands. As a result, Theis underwent a radical anterior cervical discectomy and fusion with fixation, and a posterior cervical decompression fusion with fixation at C2-3 and C3-4 in June 2015. When the cervical surgeries failed to correct all of Theis’ symptoms and conditions, resulting in continued weakness in his left hand and progressive myelopathy, he was diagnosed with foraminal stenosis and a far lateral disc herniation at C6-7 and C7-T1, with spondylosis and epidural lipomatosis at T8-9 with spinal cord compression. As a result, Theis underwent a posterior cervicothoracic interlaminar decompression of the left C6-7 and C7-T1 with facetectomies and aggressive foraminotomies at C7 and C8; posterior thoracic T8-9 laminectomies and decompression of the spinal cord; and an excision of posterior compressive elements of T8 and T9 and adherent ligamentous debris in April 2016. Theis, an avid golfer, claimed that his make it difficult for him to complete a round of golf or engage in other daily activities, as his symptoms include weakness in his upper and lower extremities, along with pain in his neck and back. He further claimed that because of his , he has considered taking an early retirement, as it is difficult for him to keep up with the physical demands of his job as the owner of VERT Sports. Defense counsel disputed causation and damages, asserting that Theis’ were all pre-existing and degenerative.