On Oct. 29, 2010, plaintiff Veneta Defelice, 54, a church administrator, was driving her Honda Civic in stop-and-go traffic on eastbound El Cajon Boulevard in San Diego when she was rear-end by on-duty San Diego Police Officer Fernando Ramirez, who was driving an unmarked Chevy Tahoe. As a result of the accident, Defelice claimed she suffered a right shoulder tear, among other . Defelice sued Ramirez and his employer, the city of San Diego. She alleged that Ramirez was negligent in the operation of his vehicle and that the city was vicariously liable for his actions. Ramirez testified that he was driving 10 mph when he braked. Thus, he claimed he was only traveling 5 mph at the time of impact. However, Ramirez ultimately admitted liability., Defelice was transported by ambulance to San Diego Medical Center/Kaiser Foundation Hospital in San Diego. She claimed that she suffered a SLAP tear to her right shoulder. She also claimed she suffered from chronic pain syndrome to her neck and migraines. Defelice alleged that the impact caused $12,000 in rear-end property damage to her car, resulting in a total loss. She also alleged that she has since gone on disability due to unrelated back issues, but that it was partially due to her crash-related neck pain and migraines. Defense counsel argued that there was no evidence that Defelice’s shoulder injury occurred as a result of the accident, which only occurred at 5 mph. However, Defelice did complain of symptoms following the impact. The defense’s orthopedic expert testified that unless Defelice’s arm was on the steering wheel at the time of the accident, there was no mechanism for injury.