On July 6, 2009, plaintiff Barbra Buggy, 42, a part-time massage therapist, was driving her 2002 Ford Explorer when she stopped at an intersection in Encinitas and was rear-ended by a 1993 Jeep Wrangler operated by William Grayson Klehm. Buggy claimed to her shoulder and back as a result of the accident. Buggy sued William Grayson Klehm and the registered owner of Jeep, William G. Klehm III (who was erroneously sued as William Grayson Klehm III), the driver’s father. Buggy alleged that William Grayson Klehm was negligent in the operation of the Jeep and that the his father was vicariously liable for his actions. Buggy also alleged that because William Grayson Klehm had a history of prior collisions, William G. Klehm III negligently entrusted the vehicle to him. Buggy claimed that she was stopped in the left hand turn pocket of Encinitas Boulevard and was about to make a left turn onto Quail Gardens Drive, when her vehicle was rear-ended by the Klehm Jeep. Defense counsel argued that there was no evidence supporting a claim that William G. Klehm III negligently entrusted the Jeep to his son. Although William Grayson Klehm admitted making contact with the rear of Buggy’s vehicle, he claimed Buggy cut in front of him on Quail Gardens Drive and prevented him from stopping in time. He also claimed the collision occurred at less than 3 mph. Neither police nor medical professionals were called to the scene., Buggy claimed the collision exacerbated pre-existing degenerative disc disease and/or a pre-existing non-symptomatic disc herniation, resulting in radicular pain into both hands. She also claimed headaches and dizziness, as well as shoulder pain. To treat her neck and shoulder pain, Buggy received chiropractic treatment and massage for approximately 18 months and then was seen by an orthopedic surgeon. An MRI showed a partial tear in the left rotator cuff and surgical intervention occurred in April 2011. A neurologic consult for the headaches and dizziness was obtained 22 months post-collision, resulting in a diagnosis of a vestibular injury. Buggy attempted to continue working as a part-time massage therapist for 6 to 7 months, but then stopped due to her physical limitations. Thus, she claimed a permanent loss of her part-time job as a massage therapist. The plaintiff’s treating orthopedic expert and treating neurology expert both opined that Buggy’s were causally related to the collision. They further opined that the ongoing radiculopathy from the herniated disc could either be treated with ongoing physical therapy or epidural injections. Klehm claimed that the collision occurred at less than 3 mph and caused minimal property damage, noting that there was no damage to his vehicle and less than $2,000 in damages to Buggy’s vehicle. Thus, defense counsel argued that the forces generated in the collision were inconsistent with and/or below any injury threshold, i.e. that the collision could not have caused any physical injury. Counsel further argued that any harm suffered by Buggy would be limited to minor soft-tissue to the neck and upper back, which should have resolved with or without therapy within two to three months after the accident. Defense counsel disputed Buggy’s alleged radicular pain in her hands, as well as Buggy’s complaints or symptoms that were allegedly consistent with a shoulder injury or a vestibular injury. Counsel contended that these were inconsistent with the mechanics of the accident and that any shoulder injury was the result of her work as a massage therapist. Thus, defense counsel argued that any shoulder complaints were unrelated to the subject collision.