On Aug. 6, 2010, at approximately 7 a.m., plaintiff Nancy Sanchez, 40, an unemployed home health aide, was driving on westbound State Route 91 in Riverside when she was involved in a rear-end collision with a vehicle operated by Amanda Salee. Sanchez claimed to her lower back. Sanchez sued Salee and the original owner of Salee’s vehicle, her mother, Traci Paraday. Sanchez initially alleged that Salee was negligent in the operation of her vehicle and that Paraday was vicariously liable for her daughter’s actions. However, Paraday was voluntarily dismissed from the action. Sanchez contended that Salee was driving inattentively and failed to stop her vehicle in time for the approaching stop-and-go traffic. As a result, she claimed that Salee caused the impact. Salee claimed Sanchez was cut off by a third vehicle, causing her to stop short on the freeway. Thus, she claimed that the sudden and unexpected stop caused her to strike Sanchez’s vehicle, as she had no time to anticipate Sanchez’s sudden stop and be able to stop her own vehicle in time., On the evening of the accident, Sanchez went to an emergency room with complaints of lower back pain, and was treated and released. She then returned to a hospital two months later with complaints of pain from head-to-toe, but refused physical therapy as a recommended treatment. Thus, Sanchez was treated with prescribed medication. In May 2011, Sanchez underwent an MRI of her lower back and it was revealed that she had spondylolisthesis at L5-S1. She ultimately underwent a lumbar fusion at L4-5 and L5-S1 in December 2011. Sanchez claimed she still has residual pain and discomfort in her lower back, radiating down to both legs and causing numbness. She alleged that as a result, she is unable to return to work as a home health aide and is restricted in all of her activities. Thus, Sanchez claimed she may require surgery to remove the hardware, as well as further pain management. Sanchez sought recovery of $301,359.30 in damages for her past medical costs, $50,000 in damages for her future medical costs, $48,400 in damages for her past lost earnings, $132,000 in damages for her future lost earnings, and an unspecified amount of damages for her past and future pain and suffering. Defense counsel argued that Sanchez was not seriously injured in the subject accident. The defense’s internal medicine expert opined that Sanchez had a pre-existing condition in her lower back and that she was a malingerer. In addition, defense counsel argued that Sanchez had an initial two-month gap in treatment, that the fusion surgery was unrelated to the subject accident, and that the need for the fusion was likely caused by an alleged work accident after the two-month period.