On Oct. 31, 2014, plaintiff Leroy McClellan Jr., 51, a Survival, Evasion, Resistance and Escape instructor, was waiting in line at a gas station in his 2008 Nissan Armada when the Dodge minivan in front of him, which was operated by Bradley Belford, backed up to move to a different pump. However, as Belford reversed his minivan, he struck the front of McClellan’s sport utility vehicle. McClellan claimed to his neck. McClellan sued Belford, alleging that Belford was negligent in the operation of his vehicle. Belford admitted liability., McClellan claimed he suffered an aggravation of his pre-existing cervical condition. He claimed he had pain and stiffness in his neck, as well as migraine headaches, for two weeks after the accident and that he ultimately presented to a chiropractor one month after the collision. McClellan subsequently underwent three months of chiropractic treatment through July 2015 and then was referred to his treating orthopedic surgeon. The treater recommended that McClellan undergo cervical and thoracic MRIs, which showed degenerative changes. McClellan’s treating physician also determined that the discs in McClellan’s neck were compromised and recommended epidural injections to the cervical spine. However, McClellan did not receive the injections because he was concerned about the risk. McClellan complained of ongoing, post-accident migraine headaches. As a result, the plaintiff’s neurology expert evaluated McClellan for his ongoing headaches and neck pain, but mainly focused on McClellan’s headaches. The expert found no neurological conditions and opined that McClellan did not have migraines, but had neck issues. Accordingly, the expert opined that McClellan had degenerative disc disease with foraminal stenosis and that the accident aggravated McClellan’s underlying cervical condition. McClellan worked as a SERE instructor, where he trained military and police officers on methods to use when they are in compromised situations. He was able to return to work after the accident, but his duties were modified so that they were less physical. Thus, McClellan sought recovery of $163,938 in total damages, including $9,938 in past medical costs, $19,600 in damages for his past pain and suffering for the first five months after the accident, $50,400 in damages for his past pain and suffering after the accident until trial, and $84,000 in damages for his future pain and suffering. Defense counsel, via his automotive forensics, biomechanical and orthopedic experts, argued that the impact of a 2 mph delta-v was insufficient to cause physical injury to McClellan. Thus, counsel argued that the jury should find “no causation,” but if it decided to make an award, an appropriate range would be $1,100 to $1,800.