The plaintiff was walking in the Chester Spring Shopping Mall parking lot on February 22, 2005, when she was struck by an SUV which began backing up as she walked behind it. The plaintiff was initially struck on the left leg below the knee. The SUV continued to back up and ran over the plaintiff's legs. It also struck her torso and head.

The plaintiff was taken by ambulance to Morristown Memorial Hospital where she was diagnosed with a fracture of the left olecranon. The next day she underwent open reduction internal fixation of this injury. The fixation included the insertion of a six hole proximal ulna peri-articular plate over the dorsal aspect of the olecranon. Additionally, three surgical screws were inserted. The plaintiff was hospitalized through February 27, 2005. She suffered from hypoxia as a result of blood filling her lungs from internal injuries.

After suffering continuous nightmares following the accident, the plaintiff treated with a psychiatrist who diagnosed her with post-traumatic stress disorder. Finally, in the course of her recuperation the plaintiff was diagnosed with a tear of the anterior talofibular ligament.

Mr. Gern filed an offer of judgment for $250,000 after suit was filed. The case settled for $280,000 shortly thereafter.