On April 5, 2009, at around dusk, plaintiff Roman Payda was waiting to merge from the center lane of traffic on Highland Avenue in Glendale when he was rear-ended by a vehicle operated by Robert Sarley. Payda claimed the collision caused to his head, neck, back and right ankle. Payda sued Sarley. He alleged the defendant was negligent in the operation of his vehicle. Specifically, Payda claimed that Sarley was inattentive to traffic on Highland Avenue, as Sarley was driving under the influence of alcohol and failed to stop his vehicle in time to avoid the impact. Sarley did not dispute liability for the accident. Payda was uninsured, but because Sarley was booked for, and eventually pleaded guilty to, driving under the influence, Payda was able to pursue general damages., Payda was taken from the scene of the accident by ambulance and brought to an emergency room, where he was treated and released the next day. Payda complained of dizziness and headaches, as well as pain in his neck, back and right ankle. He subsequently followed up with a neurologist and was diagnosed with a concussion and post-concussion symptoms, including vertigo. Even though he treated three times with the neurologist, Payda claimed he still experiences residual symptoms from the concussion, as well as stiffness in his neck. He also claimed he developed edema and swelling in his right ankle, which is still ongoing. However, Payda does not seek any additional medical treatment for his . He also missed some work, but did not pursue a loss of earnings claim. Thus, Payda claimed $17,431 in past medical costs and sought recovery of additional damages for his pain and suffering. Defense counsel argued that Payda simply suffered soft-tissue with no permanency. Counsel also argued that Payda failed to mitigate his damages, as he had insufficient medical treatment for his alleged neck, back and right ankle .