On June 8, 2010, plaintiff Robert Kittel, 69, a contractor, was stopped at a red light in Signal Hill when his vehicle was rear-ended by a vehicle operated by Sharon Ueligitone. Kittel sustained head, neck and back , while Ueligitone was arrested for driving under the influence. Kittle sued the driver, Sharon Ueligitone, and the owner of the vehicle, Richard Ueligitone. Kittle alleged that Ms. Ueligitone was negligent in the operation of her vehicle and that Mr. Ueligitone was vicariously liable for Ms. Ueligitone’s actions. After the Ueligitones agreed to tender their policy limit, Kittel sought further recovery via the supplementary-underinsured-motorist provision of her/his own insurance policy, which was administered by Navigators Insurance., Kittel was taken by ambulance to a hospital, where he was diagnosed with a concussion and post-concussion syndrome, as well as neck and back soft-tissue . Kittel claimed that the symptoms from his post-concussion syndrome were severe, including, but not limited to, headaches, hearing loss, ringing in the ears, memory loss, inability to concentrate and dizziness. Kittel attempted to go back to work as a contractor a few months after the accident. However, he claimed that as a direct result of his post-concussion syndrome, he accidentally severed his left thumb on his non-dominant hand while using a power saw. His treating orthopedic surgeon reattached the thumb, but Kittel claimed he did not regain full motion or feeling in the thumb. Defense counsel asserted that Kittel’s were not as bad as he alleged. Counsel contended that Kittel was not sure if he lost consciousness following the collision. Counsel also contended that the symptoms Kittel allegedly experienced were not severe and that his symptoms of dizziness were reflected in his old medical records. Thus, defense counsel asserted that Kittel’s were pre-existing and not caused by the subject accident. Defense counsel asserted that the severed thumb was not related to the motor vehicle accident three months earlier. Counsel contended that the severed thumb was merely the result of Kittel’s negligence and had nothing to do with his inability to concentrate or his alleged post-concussion syndrome symptoms.