On Nov. 12, 2010, plaintiff Hasan Mashal, 50, a taxi driver, was driving a taxicab on Folsom Street, near 1st Street in San Francisco, when it was struck by a Volkswagen operated by Cathy Chen. Mashal claimed to his neck, shoulder and back. Mashal sued Chen and Brian O’Rourke, who was initially believed to be the owner of the Volkswagen. However, O’Rourke was later dismissed from the action, as it was found that Chen owned the vehicle. Mashal claimed the driver’s side of his taxicab was struck when Chen attempted to make an illegal U-turn. Thus, he claimed that Chen was negligent in the operation of the Volkswagen. Chen conceded liability., Mashal claimed soft-tissue to his neck and back. He also claimed the accident either caused or aggravated a tear of his left shoulder’s rotator cuff. However, Mashal first sought treatment with a chiropractor six weeks after the collision. He ultimately underwent rotator cuff surgery at Seton Medical Center. Defense counsel disputed Mashal’s alleged spinal and contended that the rotator cuff tear was a pre-existing condition. Counsel also noted that Mashal did not seek any treatment for his alleged until six weeks after the accident.