In 2010, plaintiff Robert Lee, 36, was driving his vehicle on Stork Road in Santa Barbara when a vehicle operated by James Kim turned in front of him, resulting in a collision. Lee claimed to his neck, back and shoulders. Lee sued Kim and believed owner of the vehicle,Youngsik Pak. Lee alleged that Kim was negligent in the operation of his vehicle and that Pak was vicariously liable for Kim’s actions. Specifically, Lee claimed that Kim negligently turned left in front of his vehicle and caused the accident. Kim conceded liability., Lee suffered soft-tissue to his neck, back and shoulders, but the resolved completely within about 3 months. Lee also alleged that the accident caused to his left wrist, resulting in surgery to remove a tumor. Lee claimed he had a prior tumor excision in 2008, but that his wrist healed after the surgery. However, he claimed that after the subject collision in 2010, the wrist became swollen and painful again. Lee alleged that as a result, he went on to have another surgery, during which another tumor was removed. He claimed that this second surgery was a success in that it took away the swelling and pain. Thus, Lee argued that the collision aggravated the pre-existing condition in the wrist, leading to the need for a second surgery. Plaintiff’s counsel contended Lee’s tumor was asymptomatic prior to the collision and symptomatic after. Relying in part on California Civil Jury Instructions (CACI) 431, counsel argued that the combination of the existence of the tumor, plus the swelling and pain that resulted from the collision caused the need for surgery. Thus, Lee sought recovery of approximately $9,900 in medical costs, approximately $1,500 in loss of earnings, and an unspecified amount of damages for his pain and suffering. Defense counsel argued that the tumor started growing back prior to the collision and that Lee would have needed a second surgery to remove the tumor regardless of the accident.