The driver of the defendant's vehicle was approximately 18 - 19 girl and apparently driving daddy's BMW. The plaintiff reported that at the scene the defendant said several time, "Daddy's going to kill me." Defendant admitted that the accident was fault and said that she and her girlfriend had been to a party the night before and were talking about the party as they drove along. The plaintiff said the girls seemed very nice, were cooperative and reported the accident to the defendant’s insurance carrier because the insurance carrier called the plaintiff the next day.
The plaintiff had stopped because there was an accident ahead of her. Because she had been injured before she believes in leaving a big interval in front of her when she stops so that she can pull up if necessary to give a following vehicle room to stop. In this case, she saw, in the rearview mirror, the defendant and her passenger looking at each other talking. The plaintiff flashed her brakes and turned on her emergency flashers. The plaintiff realized the defendant would not stop in time so the plaintiff took her foot off the brake. This increased the acceleration from the impact making it easier for her to be injured inspite of the minor damage to the vehicles and is a reason the damage to the vehicles is so minor. Curiously, P and D commented to each other that each had the license of the other imprinted in the bumper of the other. Both vehicles were driven from the scene.
The plaintiff had a pre-existing condition when the accident happened. She had had a C5-6 fusion with a fusion by an anterior approach, She was treated conservatively until she could stand it no longer and under went surgery. This time she had a C6-7 fusion AND by an anterior approach.
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