On July 28, 2010, plaintiff Verdis Humphrey, 60, a shipping operator for FedEx, alleged he was driving his Toyota sedan on Martin Luther King Way in Oakland when he became involved in a motor vehicle collision with a Ford pickup truck being operated by Amy Pistone. Humphrey claimed he injured his neck and back in the accident. Humphrey sued Pistone, alleging that the defendants was negligent in the operation of the pickup truck. Humphrey claimed a Pistone struck his vehicle in the rear as he was waiting at a red light on Martin Luther King Way. Pistone claimed the accident occurred on the Martin Luther King on-ramp to westbound State Route 24, when Humphrey made and unsafe lane change and sideswiped her truck. Defense counsel contended that photographs of the damage to the two vehicles showed a sideswipe impact and not a rear-ender., After the accident, Humphrey presented to the emergency room at Alta Bates Summit Medical Center in Oakland, and was diagnosed with a cervical and lumbar sprain. He was subsequently prescribed pain medicine and discharged. Humphrey then underwent 10 months of chiropractic treatment, three to four times per week beginning on July 30, 2010. Humphrey claimed that despite treatment, he continues to have pain in his neck and mid-to-lower back. He alleged that as a result, he is restricted from loading boxes and other manual labor at work. The plaintiff’s treating chiropractor testified that Humphrey’s were related to the accident. Defense counsel argued that photographs of the vehicles indicated that the accident only involved a mild impact, which was unlikely to have caused any damages to Humphrey.