On Oct. 16, 2017, plaintiff Marcela Balderas, a house cleaner in her 40s, was driving with her mother, plaintiff Hermelinda Balderas, a retiree in her 80s, as a front-seat passenger. As they were traveling on Higgins Street, in Oceanside, their vehicle collide with a vehicle operated by Elvia Cruz, who was backing out of a driveway. Marcela Balderas claimed to her neck, back and right shoulder. Hermelinda Balderas claimed to her neck and back. The Balderases sued Cruz and Cruz’s husband, the owner of Cruz’s vehicle, Eleazar Lugo. The lawsuit alleged that Cruz was negligent in the operation of her vehicle and that Lugo was vicariously liable for Cruz’s actions. Plaintiffs’ counsel contended that Cruz was negligent for reversing her vehicle into oncoming traffic. At trial, Cruz accepted 100 percent fault for the accident., The Balderases did not receive medical treatment at the scene, and neither sought treatment until five weeks after the accident. Marcela Balderas claimed that the accident caused whiplash to her neck, and strains and/or sprains to her back and right, dominant shoulder. She underwent 12 weeks of chiropractic care, after which her neck and back had allegedly resolved. Marcela Balderas then saw her treating orthopedic surgeon, who examined her and recommended an MRI of the right shoulder, since it was still bothering her. However, the MRI showed that Marcela Balderas had no injury to her right shoulder. Marcela Balderas sought recovery of $9,493 in past medical costs and $10,000 in damages for her past pain and suffering. Hermelinda Balderas claimed that the accident caused whiplash to her neck, and strains and/or sprains to her back. She underwent 12 weeks of chiropractic care, after which her neck and back had allegedly resolved. Hermelinda Balderas then saw her treating orthopedic surgeon, who examined her and opined that she did not require any further treatment. Hermelinda Balderas sought recovery of $3,664 in past medical costs and $5,000 in damages for her past pain and suffering. The plaintiffs’ treating orthopedic surgeon opined that both of the Balderases had whiplash and that their treatment was appropriate and required as a result of the subject accident, even if they waited five weeks to begin treatment. The orthopedic surgeon also opined that it was reasonable for Marcela Balderas to get an MRI, even if the MRI was normal and revealed there was no injury. Defense counsel disputed the extent of the plaintiffs’ , and contended that the plaintiffs were not injured at all because they had waited five weeks to seek medical care. Counsel argued that either the plaintiffs’ were either exaggerating their or the alleged were pre-existing and/or caused by something else, as they waited five weeks to get 12 weeks of chiropractic care. The defense’s expert orthopedic surgeon testified that he would not expect the plaintiffs to have any before seeking initial treatment, since the plaintiffs waited five weeks for medical care. He opined that if the plaintiffs were injured, their were minor and 12 weeks of chiropractic treatment was unnecessary. He also opined that Marcela Balderas’ MRI was unnecessary, as her shoulder was not injured, and that Hermelinda Balderas should not have seen an orthopedic surgeon because she was fine.