On Aug. 26, 2012, at approximately 11 a.m., plaintiff Jon Orantes, 45, an accident reconstructionist and retired police officer, was riding his Vespa scooter in congested traffic on southbound Robertson Boulevard in West Hollywood when he was sideswiped by a vehicle operated by Wilfred Killian. Orantes claimed to his right knee and upper back. Orantes sued Killian, alleging the defendant was negligent in the operation of his vehicle. Orantes contended that Killian was pulled over to the right, looking for parking spaces on southbound Robertson Boulevard, when Killian pulled out into a moving traffic lane and sideswiped his Vespa. Thus, Orantes claimed Killian was not paying attention when he pulled into the lane and violated his right of way. Killian claimed Orantes was comparatively at fault for the collision by trying to pass him in the only traffic lane., Two days after the accident, Orantes presented to his family physician with complaints of right knee and back pain. He underwent MRIs and was diagnosed with a torn meniscus of his right knee and a bulging disc at T10-11. He then treated his with physical therapy, as well as acupuncture for his back. On Oct. 26, 2012, Orantes underwent arthroscopic surgery on his right knee. Orantes claimed that while his knee injury resolved completely, he still experiences some issues with his back. He claimed that as a result, for a few years while he recovered, he was limited in several activities, such as skiing, hiking and motor bike riding. Thus, Orantes sought recovery of approximately $19,000 in past medical costs and an unspecified amount of damages for his pain and suffering. Defense counsel disputed Orantes’ alleged damages, asserted that both the knee and back were pre-existing, degenerative conditions that were not causally related to the accident, as Orantes was a retired cop on disability at the time of the crash.