On June 4, 2014, plaintiff Mildred Najera, 46, a business owner, was driving on 16th Street, in Upland, when her vehicle was broadsided by Richard Fry, a maintenance worker for the city of Upland. Najera claimed to her neck, back and right shoulder. Najera sued Fry and Fry’s employer, the city of Upland. Najera alleged that Fry was negligent in the operation of his vehicle and that the city was vicariously liable for Fry’s actions while in the course and scope of his employment. Najera claimed that Fry ran a red light as he entered the intersection, causing the crash. Fry conceded liability., Najera claimed she suffered a tear of her right shoulder’s rotator cuff, and an aggravation of her pre-existing neck and back condition. She underwent a few months of physical therapy to her neck, back, shoulder and hip. She also received epidural injections and facet block injections for her neck and back pain. Najera ultimately underwent arthroscopic surgery to repair the right shoulder’s torn rotator cuff. The plaintiff’s expert orthopedic surgeon opined that Najera’s MRI scans of the lumbar spine pre- and post- accident were different. Defense counsel contended that Najera had longstanding pain to her neck, back and right shoulder since 2009. Specifically, counsel contended that Najera’s pre-existing pain was to her neck, back and entire right side, including her shoulder, hip, leg, ankle and foot. Counsel also acknowledged that the collision caused an aggravation of Najera’s pre-existing neck and back pain. However, defense counsel argued that Najera’s medical bills were unreasonable. Counsel argued that the accident only caused Najera to sustain 10 to 12 weeks of exacerbated pain to her neck and back before her pain level went back to her pre-crash baseline and that Najera did not complain of any shoulder pain until over three months after the crash. The defense’s medical experts opined that Najera’s MRI scans of the lumbar spine pre- and post- accident were the same.