The plaintiff, a 32-year-old male, was operating his motorcycle along Route 16 (Washington Street) in Sherborn, Massachusetts when the traffic in front of him began to slow. In response, plaintiff slowed his motorcycle and was almost at a complete stop when he was struck from behind by a sport utility vehicle, operated by the defendant. Upon impact, the plaintiff was thrown forward into the air before falling to the road. The plaintiff was then struck again by the defendant’s car and dragged beneath it.
The plaintiff experienced injuries to his back as a result of being pinned in a hurdler’s position beneath the vehicle, and suffered burns as hot fluids dripped on him as he lay pinned beneath the vehicle. At no time after striking the plaintiff did the defendant exit her vehicle before the police and emergency personnel arrived on the scene to aid the plaintiff.
The plaintiff was air-lifted to Boston Medical Center where he remained overnight for evaluation. A CT Scan of the plaintiff’s chest, abdomen, and pelvis demonstrated multiple left sided transverse process fractures from T12 through L2, subcutaneous soft tissue swelling and right parasacral and buttock muscle hematoma. Following his discharge from the hospital the plaintiff wore a back brace for approximately 6 weeks and underwent two courses of physical therapy for his back injuries and left leg pain without any significant relief.
Eventually the plaintiff was evaluated by the Neurology Department at Newton Wellesley Hospital for upper and mid back pain which had continued to worsen. A cervical MRI demonstrated a C4-5 disc herniation with left C5 radiculopathy. A lumbar MRI demonstrated a T5/T6 central and right focal protrusion as well as a T9 left focal protrusion. The plaintiff underwent two transforaminal epidural injections in hopes of relieving his pain, with only temporary relief. The plaintiff was eventually referred for osteopathic treatment and prescribed Lidoderm patches for pain control.
As a result of his injuries, the plaintiff incurred $38,876.31 in medical expenses and missed one week from work as a software engineer.
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