In this case, the plaintiff was driving to work in the middle lane of I-270 southbound just prior to Rt 85 in Frederick. A car driving behind him in the left lane veered over the median, stuck the vehicle in the far-right lane, ricocheted back to her original left lane, crashed into the left guardrail and then rebounded again into the middle lane. The plaintiff's vehicle was simultaneously 'pancaked' by the left and right lane vehicles. His landscaping truck and trailer were destroyed.
In the decade prior to the MVA, the plaintiff had suffered neck, mid-back and lower back pain, hip pain, sciatica, carpal tunnel syndrome, and other maladies. Throughout the 10 years leading up to the accident, he had undergone numerous injections and ablation procedures, as well as multiple surgeries. He was also on a significant pain medication regimen. At the time of the accident, he had a spinal stimulator implanted to help relieve his lower back pain. The accident knocked out the stimulator battery, requiring him to undergo a battery replacement surgery. He also underwent additional trigger point injections and ablations to relieve his pain. His pain medications were increased to address the aggravated pain and then, over time, tapered down to his pre-crash dosages.
Key to this case resolving was obtaining the phone records of the defendant, which indicated that she had been driving at the time of the crash, in contravention of what she had stated.
