On Sept. 9, 2015, plaintiff Nina Garcia, 43, a sales manager at an automobile dealership, was driving in the southbound, high-occupancy vehicle (HOV) lane on Interstate 5, also known as the Golden State Freeway, in Los Angeles, near Glendale, when her midsize sedan was rear-ended by a pickup truck operated by George Ball. Garcia claimed to her neck and back. Garcia sued Ball and Ball’s business, Light It! LLC, which owned his vehicle. Garcia alleged that Ball was negligent in the operation of his vehicle and that Light It! was vicariously liable for Ball’s actions. Garcia claimed that prior to the crash, she was driving in the southbound HOV lane of State Route 14 and then continued in the southbound HOV lane on the I-5 when traffic slowed to a stop. She alleged that moments before the collision, she looked in her rear view mirror and observed Ball taking a picture with his cellphone. Garcia claimed that she determined that Ball was not going to stop, so she braced herself with her arms locked in the 9/3 position on the steering wheel. Ball admitted that he was at fault for the collision, and ultimately admitted that he was taking a photo with his cellphone., Garcia first presented to her primary care physician two days after the collision. She claimed she sustained herniated cervical discs at the C3-4, C5-6 and C6-7 levels, as well as a herniated lumbar disc at the L5-S1 level. She underwent X-rays of her cervical spine, which revealed straightening of the cervical lordosis and retrolisthesis at C3 and C4. Garcia began physical therapy and was examined again on Oct. 26, 2015. At that time, her primary care physician noted that Garcia had neck pain with radiculopathy radiating into her upper, right arm and right shoulder. As a result, the doctor ordered a cervical MRI, which revealed Modic type 1 endplate signal change at C4-5, which the physician opined was indicative of recent trauma. The MRI also revealed Schmorl’s nodes — a common spinal disc herniation in which the soft tissue of the intervertebral disc bulges out into the adjacent vertebrae through an endplate defect — at C4-5 and C5-6. As a result, Garcia treated with two orthopedic surgeons and two neurosurgeons. Garcia also claimed that because her cervical pain was so bad, she presented to an emergency room on two occasions. Ultimately, her neurosurgeon performed a total cervical disc arthroplasty and discectomy at the C6-7 level on Aug 4, 2017. Garcia claimed that dispute the cervical surgery, her neck pain arose again, so she had to undergo multiple CT scans and MRIs. She then received facet blocks to alleviate the pain, but she claimed the pain returned. On Oct. 14, 2019, Garcia underwent an anterior cervical discectomy and fusion at the C4-5 level. She claimed that her lower back symptoms then became severe, so she underwent multiple platelet-rich plasma injections to the sacroiliac joint in 2020. She alleged that, eventually, her neck pain returned once more and became severe, which led to another emergency room visit. As a result, her neurosurgeon performed another anterior cervical discectomy and fusion, this time at the C5-6 level. Garcia claimed that her billed medical specials totaled $762,768, but that the amount was reduced to $226,333 following liens and medical insurance payments. Although Garcia returned to work after only two weeks of recovery, she claimed that she later had to take four months off from work while she recovered from her surgeries and that she nearly lost her six-figure income job at the dealership. She further claimed that she had to take out a home equity line of credit (HELOC) (a second mortgage that gives the borrower access to cash based on the value of his/her home) for $73,000 to help her sustain herself due to the loss of income. Garcia claimed that despite her three cervical surgeries, she continues to suffer from neck pain and range of motion limitations in her cervical spine. The plaintiff’s treating neurosurgeon indicated that Garcia would likely need an L5-S1 fusion surgery once the injections lose their effectiveness. The neurosurgeon estimated that the cost of those injections would total $120,000. The plaintiff’s life care planning expert opined that Garcia’s future costs, including the cost of surgery, would total $1,099,570. Garcia sought recovery of $69,539 in lost earnings, $226,333 in past medical costs, and $1,099,570 in future medical costs. She also sought recovery of damages for her past and future pain and suffering. Defense counsel contended that Garcia had suffered an injury in her bathroom seven weeks before the subject accident and that the to Garcia’s cervical and lumbar spine were already pre-existing. Counsel also contended that the surgeries Garcia underwent after the subject accident and the to Garcia’s lumbar spine and sacroiliac joint were all unrelated to the subject accident.