On July 13, 2012, plaintiff Marvin Sheley, 59, a trucker, was driving in the number three (slow) lane on Interstate 205, also known as the Robert T. Monagan Freeway, in Tracy. His tractor-trailer collided with the right, rear bumper of a California Highway Patrol car, which changed from the number one (far left) lane. CHP officer Michael Taylor was responding to an emergency call when the collision occurred. Sheley’s tractor-trailer came to a stop on the interstate, while Taylor’s patrol vehicle went over an embankment. Sheley claimed to his neck and back. Sheley sued Taylor and Taylor’s employer, the California Highway Patrol. Sheley alleged that Taylor was negligent in the operation of his vehicle. Sheley further alleged that the California Highway Patrol was vicariously liable for Taylor’s actions. Since Taylor was responding to an emergency, he was entitled to immunity under California Vehicle Code § 17004. As a result, he was voluntarily dismissed from the case. It was also determined that the state of California was proper defendant, and the matter continued to trial against the state. Plaintiff’s counsel contended that Taylor was traveling between 80 mph and 90 mph when he changed lanes. Defense counsel initially asserted that Sheley was speeding, inattentive and comparatively at fault for the accident, but, ultimately, the state admitted liability., Sheley claimed he sustained herniated cervical and lumbar discs. He underwent a cervical fusion surgery within three months of the accident and underwent a lumbar microdiscectomy 12 months later. He also underwent a lumbar fusion 3.5 years after the accident and had a spinal cord stimulator trial surgery 4.5 years after the accident with a permanent placement of the stimulator six months later. He required a cervical hardware removal surgery 6.5 years after the accident. Sheley’s treating doctors from his home in Boise, Idaho, testified that Sheley had no prior, significant symptoms or . Sheley’s chiropractic expert, who stopped treating Sheley two years before the accident, testified that all Sheley had when he treated him were mild soft-tissue complaints as a result of Sheley’s work as a handyman and doing construction work and that Sheley’s complaints resolved with adjustments. Sheley claimed that, despite his treatment, he was diagnosed with failed neck and back syndrome with depression and chronic pain. He alleged that as a result, he is unable to work in any capacity. Sheley further claimed that he attempted to return to work in 2016, but that his symptoms flared up, causing him to be unable to continue working. Sheley’s employer and family testified about how Sheley was a competitive bass fisherman, a rodeo teacher, and a frequent horse rider and camper, but that he has been unable to do those things since the accident. Defense counsel denied that Sheley was injured in the accident and argued that the surgeries were unrelated to any injury Sheley may have sustained. Counsel also argued that Sheley’s treatment was unreasonable and unnecessary. The defense’s biomechanical expert calculated that the delta-v for the accident was too low to cause an injury. The defense’s neurosurgery expert opined that Sheley’s surgeries were unnecessary and that they would not help Sheley. However, he agreed that Sheley’s alleged symptoms led to the treating doctors’ decision to operate, and opined that when the first surgery failed, it led to the additional surgeries. The defense’s neurology expert admitted that Sheley suffered from severe mood disorder related to the accident, which, according to plaintiff’s counsel, helped Sheley’s case. The defense’s expert radiologist opined that Sheley had a very worn-out back with age-related findings and no sign of an acute injury. However, during direct examination, plaintiff’s counsel pointed out that the defense’s radiology expert failed to notice that he was showing the jury an MRI that was not of Sheley, but of a 75-year-old woman who had the same last name.