On Dec. 28, 2008, plaintiff Martha Mackey, an executive assistant in her 60s, was driving her compact sport utility vehicle west on Bundy Canyon Road in Riverside, along with plaintiff Rachel Hoffman, 40, a part-time clerical/administrative worker and business administrative student, as her front seat passenger. At approximately 1:30 p.m., a vehicle operated by Ronald Havig, stopped on eastbound Bundy Canyon Road in order to make a left turn and was rear-ended by a vehicle operated by John Dyck. The impact pushed Havig’s vehicle into westbound traffic, where it clipped Mackey’s oncoming vehicle, causing the SUV to lose control and crash into a drainage ditch. Mackey claimed an injury to her lower back, while Hoffman claimed to her neck and back. Mackey and Hoffman sued Havig and Dyck, as well as the maintainers of the road, the Riverside County Department of Transportation, the county of Riverside and the city of Wildomar. They alleged that Hoffman and Dyck were negligent in the operation of their respective vehicles, and that Riverside and Wildomar were liable for road defects. The plaintiffs dismissed the government parties prior to trial. Thus, the matter continued against Havig and Dyck only. Plaintiffs’ counsel contended that Dyck was negligent for driving inattentively and at an unsafe speed, causing his vehicle to strike Havig. Counsel also contended that Havig failed to properly operate his vehicle after the impact, causing his vehicle to clip the SUV containing Mackey and Hoffman. Havig and the plaintiffs reached separate good faith settlements prior to trial, in which Havig paid Mackey and Hoffman $50,000 each. Dyck admitted liability, and Mackey further settled her case with Dyck for $90,000. Thus, Hoffman proceeded to a damages trial against Dyck only., Hoffman was taken from the scene of the accident by ambulance and brought to an emergency room with severe neck and back pain. She subsequently underwent MRIs that indicated degenerative disc disease, which she admitted was pre-existing in her lower back. Hoffman first treated her with medication and physical therapy for almost two years, but claimed her condition did not improve. She ultimately underwent cervical fusion surgery in October 2010 and two lumbar surgeries in July 2011 and June 2012. Despite surgery, Hoffman claimed she still experiences residual neck pain and discomfort, for which she will require additional surgery. She also claimed that due to her , she was unable to continue business school and suffered a loss of earning capacity. Thus, Hoffman claimed $2 million in total damages, including $46,000 in unpaid past medical costs and $500,000 in future medical costs. Defense counsel argued that all of Hoffman’s alleged , treatment and residual symptoms were due to the pre-existing degenerative disc disease in her spine.