On Aug. 16, 2008, plaintiff Tsegaye Amha, a custodian in his 50s, was heading south on Interstate 880 in Fremont in a van carrying plaintiff Genet Debresion, a housekeeper in her 50s, as well as plaintiffs Aron Tesfasilassie, Dawit Tesfasilassie and Robel Maekele. At approximately 10 a.m., the van was rear-ended by a delivery van operated by Dante Jones. Amha claimed to his lower back, and Debresion claimed to her back, neck, shoulder and knees. Amha, Debresion, Maekele, and Aron and Dawit Tesfasilassie sued Jones and the owner of the delivery van, W. Dan Spears, who was also Jones’ employer. They alleged that Jones was negligent in the operation of his vehicle and that Spears was vicariously liable for his actions. The plaintiffs claimed that Jones was driving inattentively in moving traffic and failed to stop his vehicle on time to avoid the rear-end collision. The defendants admitted liability for the accident. Aron and Dawit Tesfasilassie, and Maekele each settled their cases confidentially, while Amha and Debresion proceeded to trial against the defendants., The plaintiffs’ case on damages was presented according to proof. Amha presented to Kaiser a week after the accident with complaints of lower back pain. He was diagnosed with soft-tissue strains and sprains, and treated with physical therapy and chiropractic care for eight to ten weeks. He subsequently missed a week of work following the accident, and claimed that he still experiences lower back pain that restrict his activities. Debresion went to Kaiser two weeks after the accident with complaints of neck, lower back and severe right knee pain. She claimed she had osteoarthritis in her right knee, which was exacerbated by the accident, in which she was thrown inside the vehicle. She alleged that she has been receiving ongoing physical therapy, chiropractic care and pain management. Debresion claimed she missed 19 days of work, and that she required a knee brace and walking cane for a period of time after accident. She claimed she still experiences severe right knee pain, which makes it difficult to stand for long periods and walk long distances. Debresion also claimed she will require ongoing conservative treatment to treat her knee. Thus, Amha and Debresion each sought recovery of damages for their respective medical costs and pain and suffering. Defense counsel argued that the plaintiffs only suffered from minor soft-tissue that should have resolved within weeks with no permanency. Thus, counsel contended that plaintiffs had no future damages to claim and that their total damages were under $10,000, all for their out-of-pocket medical expenses.