On June 7, 2010, at approximately 3 p.m., plaintiff David Fail, 23, a student, was driving on Mission Gorge Road in Santee, approaching an intersection in stop-and-go traffic, when he was rear-ended by a vehicle operated by Jenna Aguilar. Fail claimed to his neck and back. Fail sued Aguilar, alleging the defendant was negligent in the operation of her vehicle. Specifically, Fail claimed Aguilar was driving inattentively and took her eyes off the road. Aguilar claimed that she was not totally at fault for the accident, in that she was distracted by a construction site or another accident off to the side of Mission Gorge Road., Fail went to the emergency room at Kaiser Foundation Hospital in San Diego on the date of the accident. He claimed soft-tissue strains and sprains of his neck and back. Fail then followed up with a chiropractor, who treated him through November 2010. He also went to an orthopedist in October 2010 and was recommended trigger point injections. Fail moved back home to Alabama in late 2010, and did not treat again for just over a year. He claimed an MRI showed an underlying congenital condition — narrowing of the spinal cord — aggravated by the accident, which was confirmed by his expert neurosurgeon. Despite treatment, Fail claimed he has ongoing neck and back pain, which has made it difficult to exercise or perform other physical activities. Thus, plaintiff’s counsel asked the jury to award $11,740.31 for Fail’s past medical costs and award a reasonable amount for Fail’s pain and suffering. Defense counsel disputed the nature and extent of Fail’s alleged and damages. Counsel contended that while Fail’s initial treatment through November 2010 was reasonable, anything after the long gap in treatment was due to his underlying congenital condition, which defense counsel argued was unrelated and not aggravated by the subject accident.