The Plaintiff was waiting to safely merge onto Wampanoag Trail from County Road in Barrington, RI, when he was suddenly and without warning rear-ended by the Defendant whom was operating a van and transporting patients in the course of his employment. The impact caused the Plaintiff to strike his head on the steering wheel. Later that same evening, the Plaintiff developed severe neck and back pain. The plaintiff had a long-standing history of neck and back pain prior to this accident, and his flare ups would usually resolve with an epidural steroid injection. After this accident, the Plaintiff had to undergo a posterior discectomy at lumbar L4-5 and an anterior discectomy fusion at C4-6.
The defense argued that the Plaintiff’s injuries were pre-existing, and the surgeries were unrelated to the accident. The Plaintiff filed suit in Providence Superior Court and after a lengthy discovery phase, including taking the Plaintiff’s deposition and an independent medical review. The parties then agreed to attend mediation and after several weeks of continuing negotiations, the case settled.