On Oct. 29, 2008, at approximately 4 p.m., plaintiff Richard Hertz, 64, an antique dealer, was driving east on Bush Street in San Francisco when his vehicle was struck on the rear, right corner by a vehicle operated by James Milligan. Hertz claimed to his neck and back. Hertz sued Milligan. He alleged that the defendant was negligent in the operation of his vehicle. Specifically, Hertz contended that Milligan was either traveling on eastbound Bush Street or pulled out of a parking space when he struck the rear, right corner of his vehicle. Defense counsel did not seriously dispute liability., Hertz went to his doctor within days of the accident with complaints of increased neck and back pain. Hertz had been involved in a previous automobile accident in 2007, and was still undergoing treatment for residual neck and back strains and sprains at the time of the subject accident. Thus, he claimed that the 2008 accident in question exacerbated those prior , leading him to further undergo chiropractic care and physical therapy, as well as epidural injections to his lower back. After being involved in a third automobile accident, Hertz claimed he will need to continue treating his . He claimed he had to close his antique shop for two weeks after the subject 2008 accident, and required more assistance due to his condition. Thus, he sought recovery of $8,000 in damages for his past loss of earnings and an unspecified amount of damages for his past and future pain and suffering. He also claimed he incurred $12,000 in past medical costs, but defense counsel contended that the plaintiff actually sought $34,000 in past medical costs. Defense counsel argued that Hertz suffered from pre-existing and degenerative caused by the first accident. Counsel contended that an independent medical exam of Hertz showed he suffered some exacerbations, but that they were limited to the third accident. Thus, defense counsel argued that the were not serious and disputed Hertz’s claim for lost earnings.