During the early morning hours of Nov. 16, 2010, plaintiff Sheila Albano, 42, an office clerk, was driving in bumper to bumper traffic on the 605 Freeway when her vehicle was rear-ended by a vehicle operated by Daniel Poelstra. She claimed neck and back from the collision. Albano sued Poelstra, alleging that the defendant was negligent in the operation of his vehicle. Poelstra conceded liability., Albano claimed he sustained soft-tissue to neck and lower back. He was not taken to a hospital from the accident scene, but later underwent an MRI that showed a mild protrusion along the cervical spine. Albano claimed that she continues to have neck pain. She alleged surgery was recommended, but she refused it because of obligations at home and her job. Defense counsel argued that Albano’s alleged were not caused by the subject accident.