On Sept. 14, 2011, plaintiff Steven Capaul, 46, a body shop owner, was stopped in his vehicle on westbound Lincoln Highway (U.S. Route 50), west of Sunrise Boulevard, in Sacramento. While stopped, Capaul’s vehicle was rear-ended by a vehicle operated by Lisa Sommer. Capaul claimed to his lower back. Capaul sued Sommer, alleging Sommer was negligent in the operation of his vehicle. Sommer ultimately admitted liability., Capaul claimed lumbar facet joint from L3 through S1, resulting in chronic lower back pain. A friend later referred him to a chiropractor. The plaintiff’s treating pain management physician then provided two facet joint injections and two medial branch blocks/radio frequency ablations in the lumbar spine. The plaintiff’s treating physicians testified that the accident caused sufficient force to injure Capaul’s lumbar facet joints. Capaul claimed he still has ongoing lower back pain that has prevented him from returning to enjoying his passions of weight lifting and riding his motorcycle. However, he claimed no future surgery is expected. Thus, Capaul sought recovery of $44,379.52 for his past medical expenses and an unspecified amount for his future medical expenses. He also sought recovery of damages for his past and future pain and suffering. Defense counsel disputed the degree of impact, and the nature and extent of Capaul’s . The defense’s biomechanical expert testified that the forces applied to Capaul’s back during the accident were the equivalent of the forces applied in simply bending over. Thus, the expert opined that such force would not result in a back injury. Defense counsel argued that Capaul’s one-week delay in seeking medical treatment, as well as Capaul’s extended gaps in treatment, were evidence that Capaul did not sustain a serious injury from the accident. Counsel also disputed the amount and necessity of the treating pain management physician’s medical bills, claiming that they were unreasonable.