On Oct. 8, 2011, plaintiff Jaime Arellano, 34, a construction worker, was driving a 2009 Honda Pilot on northbound Interstate 880, in Union City, with his wife, plaintiff Susan Arellano, 35, a nurse’s assistant, as a passenger. As they came close to a complete stop due to slowing traffic, they were rear-ended by Manuel Alfaro. The Arellanos claimed that they both suffered neck and back . All parties ultimately left the scene of the accident without any ambulance transportation. The Arellanos sued Alfaro, alleging that the defendant was negligent in the operation of his vehicle. Mr. Arellano claimed that he observed Alfaro speaking on his cell phone at the time of the accident. Thus, plaintiffs’ counsel argued that Alfaro was negligent for failing to keep a proper lookout and failing to avoid the accident. Alfaro claimed that he was slowing behind the Arellanos’ vehicle, but that he could not stop his vehicle in time to avoid a collision. Thus, he admitted negligence, claiming that it was a “minor rear-end accident” that occurred at a low speed. The matter subsequently proceeded to an expedited jury trial., Mr. and Mrs. Arellano both claimed soft-tissue sprains and strains to their neck and back. Mrs. Arellano subsequently presented to a Kaiser Permanente urgent care facility, where she was treated and released. She then treated with a chiropractor over the next several months. Mrs. Arellano claimed that despite treatment, she continues to have residual neck and back pain. Thus, she sought recovery of $2,192 in past medical costs and $600 in past loss of earnings. Ms. Arellano also sought recovery of damages for her pain and suffering. Mr. Arellano did not seek treatment at a hospital, but treated with the same chiropractor as his wife over the next several months. Mr. Arellano also claimed that despite treatment, he continues to have residual neck and back pain. Thus, he sought recovery of $1,672 in past medical costs, and sought recovery of damages for his pain and suffering. Defense counsel argued that the “minor rear-end accident” occurred at a low speed and could not have caused the Arellanos’ alleged . Counsel noted that Mrs. Arellano did not follow up at Kaiser and that Mr. Arellano did not require urgent care treatment. Counsel also disputed the Arellanos’ medical costs, noting that they elected to be treated outside of Kaiser. In addition, defense counsel disputed the Arellanos’ alleged residual pain, contending that neither of the Arellanos had sought any treatment for over two years.