On April 26, 2012, the plaintiff, a 45-year-old personal injury attorney, was operating his Nissan Pathfinder in stop-and-go traffic in La Jolla when he was rear-ended by a Cadillac at 10 mph. The plaintiff claimed to his hand and back. The plaintiff sued the driver of the Cadillac for motor vehicle negligence. Specifically, plaintiff’s counsel contended that the driver of the Cadillac violated California Vehicle Code §§ 22350 and 21703, for failing to pay attention and maintain proper distance, and for driving at a speed that was too high for stop and go traffic. The driver of the Cadillac ultimately admitted liability., The plaintiff sustained a fractured pinky finger to his left, non-dominant hand. He also sustained a 3- to 4-millimeter disc bulge at the L5-S1 level. For treatment of his lumbar injury, the plaintiff received epidural injections. However, he claimed he still has some discomfort. At the time of the incident, the plaintiff was suspended from practice by the State Bar. As such, a loss-of-earnings claim was waived. Defense counsel disputed the extent of alleged damages and the plaintiff’s course of treatment. Counsel noted that, post-accident, the plaintiff went to the gym dozens of times per month; that the other driver, who was 80 years old, was unhurt; and that the plaintiff did not complain of pain to his back for the first few weeks, but, rather, complained of pain to his head. As such, defense counsel proffered that the litigation motivated the plaintiff’s claims regarding his back.