On Sept. 30, 2010, plaintiff Taye Marshall, an assistant manager at a sporting goods store who was in his 30s, was driving on Highway 87 in downtown San Jose when he was rear-ended by a vehicle operated by Alexandra Venter. Marshall claimed to his neck and back. Marshall sued Alexandra Venter and the owner of the vehicle, her mother, Melissa Venter. Marshall alleged that Alexandra Venter was negligent in the operation of her vehicle and that Melissa Venter was vicariously liable for her daughter’s actions. Marshall claimed that as he approached heavy traffic, he slowed his vehicle to a stop, but that Alexandra Venter struck him. Thus, he contended that Alexandra was inattentive to heavy traffic on the highway and failed to stop her vehicle in time to avoid impact. The defendants admitted liability for the accident., On the day after the accident, Marshall went to his primary care doctor with complaints of back and neck pain, and was subsequently sent by a nurse practitioner to an emergency room for tests. Marshall also underwent CT scans for internal , and was diagnosed with soft-tissue strains and sprains of his neck and back. He also claimed that the subject accident exacerbated his pre-existing back pain. As a result, Marshall underwent chiropractic care from October 2010 through February 2011. Marshall claimed that he missed two weeks of work after the accident, but that his mostly resolved. However, he claimed he still had back pain from the exacerbation of his pre-existing condition. Thus, Marshall sought recovery of roughly $17,856 in post-Howell medical costs, $2,556 in past lost earnings, and an unspecified amount of damages for his pain and suffering. Defense counsel contended that Marshall suffered from pre-existing neck and back conditions, stemming from in 2002, 2005 and 2008. In addition, the defense’s physician who performed an independent medical exam of Marshall would have testified that any sustained from the subject accident should have resolved within six weeks.