On Aug. 8, 2013 plaintiffs Catherine Gumpal and Peter Doi, co-workers who were both medical assistants, went out for dinner and then to watch a pre-season San Francisco 49ers football game following their shift at a Kaiser facility. Following dinner and the game, Doi was driving Gumpal to the Daly City Bay Area Rapid Transit (BART) station to retrieve her car when a vehicle operated by Rachel Martinez struck the rear of Doi’s vehicle. Gumpal and Doi both claimed to their necks and backs. Gumpal sued Rachel Martinez and the believed owner of Rachel Martinez’s vehicle, Nathaniel Martinez. Doi brought a separate action against Ms. and Mr. Martinez. Gumpal and Doi each claimed that Ms. Martinez was negligent in the operation of her vehicle and that Mr. Martinez was vicariously liable for Ms. Martinez’s actions. The Martinezes subsequently brought a counter-claim against Doi, blaming him for the crash. The matters were ultimately consolidated. Plaintiffs’ counsel contended that due to traffic, Doi slowed down to nearly a complete stop at the end of the exit ramp for the northbound Bayshore Freeway, also known as U.S. Route 101, prior to merging onto the Quentin L. Kopp Freeway, also known as Interstate 380, in San Bruno. Counsel contended that as Doi slowed down, Ms. Martinez’s vehicle struck the rear, driver’s side of Doi’s vehicle before continuing straight ahead and pulling over to the right shoulder in front of Doi’s vehicle. Doi then pulled over behind Ms. Martinez, and they exchanged information before continuing on their way. Ms. Martinez testified that she never saw Doi’s vehicle prior to impact. She claimed that Doi was driving without his vehicle’s lights on and swerved in front of her, cutting her off. Thus, she claimed that Doi was the cause of the collision. Ms. Martinez also testified that the accident occurred on I-380, not on the exit ramp, and that there was no traffic that evening. She further testified that Doi smelled like alcohol and was begging her not to call the police, and that she was afraid of Doi and Gumpal. Doi’s counsel on the counter-claim called an accident reconstruction expert, who testified that the accident could not have occurred in the manner described by Ms. Martinez based on the movement of the vehicles following the impact and the damage to the vehicles., Gumpal and Doi each claimed soft tissue to their neck and back. They each had one doctor’s visit and underwent several months of physical therapy and chiropractic treatment.