At around 2:30 a.m. on Nov. 2, 2015, plaintiff Pamela Jean Pacific, 62, a licensed vocational nurse, was on a trip from California to Texas with plaintiff Lori Jean Erickson, 43, an in-home caretaker for her elderly parents, as a front seat passenger. As they were driving east on Interstate 40, also known as the Needles Freeway, outside of Needles, their vehicle was rear-ended by a semi-tractor-trailer operated by Martin Preciado. Pacific claimed to her lower back, while Erickson claimed to her neck and back. Pacific and Erickson sued Preciado and the owner of the tractor-trailer, A&C Transport Inc., which also employed Preciado. Pacific and Erickson alleged that Preciado was negligent in the operation of the tractor-trailer and that A&C Transport was vicariously liable for Preciado’s actions while in the course and scope of his employment. Pacific and Erickson claimed that the collision occurred when Preciado was making a lane change. Plaintiffs’ counsel contended that Preciado had multiple opportunities to see Pacific’s vehicle and avoid the collision, per both parties’ accident reconstruction experts, but that Preciado failed to do so. Counsel also contended that Preciado had a history of poor training as a truck driver, which contributed to the crash. Defense counsel contended that Pacific pulled out from the shoulder, in front of Preciado, causing the collision. Counsel also contended that Pacific was driving approximately 20 mph when she pulled out in front of Preciado and that the damage to Pacific’s vehicle was left-sided in nature, indicating that it was not a straight on rear-end collision. In addition, defense counsel contended that Preciado had a history of safe driving for over 14 years and that Pacific had prior vision and cataract issues, which were flagged by the California Department of Motor Vehicles. The defense’s accident reconstruction expert opined that Pacific was driving well below the posted speed limit and that Pacific pulled out in front of Preciado’s truck, leaving Preciado very little time to react., Pacific claimed that she sustained a herniated lumbar disc at the L4-5 level. She was subsequently taken by ambulance to an emergency room, where she was treated and released that same day. Pacific ultimately underwent a lumbar fusion at L4-5 in June 2017. Pacific claimed that she will eventually require another lumbar fusion, but to the adjacent segment. Thus, Pacific sought recovery of past and future medical expenses, and non-economic damages for her past and future pain and suffering. (She did not make a loss of earnings claim.) Erickson claimed that she sustained soft tissue sprains and/or strains to her neck and back. Although she accompanied Pacific to the hospital, she was not seen at that time. However, Erickson later underwent conservative care, including chiropractic treatments and physical therapy for a few months. Erickson claimed that after the crash, she and Pacific were trapped in their vehicle in the completely dark desert at around 2 a.m. until emergency personnel arrived around 20 to 30 minutes later. She claimed that as a result, she suffers from post-traumatic stress disorder and agoraphobia. She alleged that she now finds it difficult to leave the house and is still seeking ongoing therapy for her PTSD. Erickson testified about her PTSD and agoraphobia, and her father testified about how Erickson was affected by the accident. Thus, Erickson sought recovery of past medical costs, $1 million in non-economic damages for her past pain and suffering, and $2 million in non-economic damages for her future pain and suffering. Defense counsel argued that Pacific’s lumbar condition was degenerative, citing a prior bout of sciatica and arguing that it was evidence of progressive wear and tear in Pacific’s back, which takes years to develop. Counsel also argued that Pacific’s need for surgery was due to a slip and fall that occurred in April 2016. Defense counsel noted that Pacific reported the slip and fall and, according to her medical records, alleged that it “significantly aggravated her lumbar back pain.” However, counsel noted that during discovery responses, Pacific expressly denied any post-incident . In response, Pacific claimed that she was non-symptomatic in the years leading up to the collision and that the slip and fall was due to a loss of sensation in her lower extremity due to her herniated lumbar disc from the subject accident with Preciado. However, defense counsel argued that the slip and fall was unrelated to the crash, but was an intervening cause for the need for surgery. As to Erickson, defense counsel contended that Erickson waited six weeks before first seeking any medical treatment, which was only after Erickson retained an attorney. Counsel also noted that Erickson underwent chiropractic care once per week for approximately six months and then stopped attending. She also attended four physical therapy sessions and then stopped attending, and went to a therapist three to four times and then stopped attending. Defense counsel also noted that Erickson did not continue with any treatment and did not allege a need for any future treatment. Thus, defense counsel argued that Erickson failed mitigate her alleged damages by refusing to continue with any treatment. Defense counsel also disputed the amount of medical costs sought, noting that Erickson failed to proffer any evidence of what she actually paid or what the medical services were reasonably worth. Counsel further noted that Erickson did not put on any medical testimony or experts and that the only person to testify as a damages witness on her behalf was her father. In addition, defense counsel argued that Erickson’s medical records did not support her allegations and that Erickson’s claims were nominal at best.