On June 10, 2010, plaintiff Robert Seidel, 49, a surveyor for the Port of Long Beach, was a right, rear-seat passenger in a sport utility vehicle traveling east on Ocean Boulevard in Long Beach. At approximately 4:03 p.m., as the SUV approached the intersection with Hermosa Avenue, it was rear-ended by a vehicle operated by David Pollard. Seidel claimed to his neck. Seidel sued Pollard. He alleged that Pollard was negligent in the operation of his vehicle. Specifically, he claimed that Pollard was speeding and failed to slow his vehicle in time while approaching the intersection. He claimed that as a result, Pollard, without any warning, struck the back of his SUV. Pollard did not dispute liability for the accident., Seidel treated with his orthopedist the day after the accident. He underwent a MRI that revealed a large cervical disc herniation at C6-7 and a small abnormality at C4-5. Seidel had a history of neck prior to the accident, including having had C4-5 and C5-6 neck fusions, but his doctor indicated that Seidel’s symptoms were a consequence of the subject accident, as he had been asymptomatic prior to the crash. On Jan. 10, 2011, Seidel underwent a surgical decompression and fusion at C6-7. He subsequently followed up with physical therapy and, in September 2011, underwent trigger-point injections to his neck. Seidel claimed he still experiences pain and discomfort, and that his orthopedist has indicated that he may potentially require another fusion surgery. Thus, Seidel claimed $152,056.62 in past medical bills ($51,249.79 of which was paid). He also sought recovery of $18,308.35 in damages for his past lost earnings for 10 missed days of work and an unspecified amount of damages for his pain and suffering. Seidel’s wife, Kelly, presented a derivative claim seeking recovery of damages for her loss of consortium. Defense counsel disputed whether the speed of the impact would have caused serious injury to Mr. Seidel and noted that he had pre-existing neck . Counsel also contended that the surgery may have been to treat an exacerbation.