On March 8, 2004, on the westbound side of Route 508, near the Route 280 ramp, the plaintiff was a seat-belted driver of a 1999 Toyota Corolla approaching traffic that had come to a complete stop. As he was decelerating, the vehicle directly behind him failed to stop and rammed into the rear of his automobile. A second vehicle then caused another collision.

The plaintiff underwent conservative care for a period of four months before undergoing a series of epidural injections into the lumbar spine. When these failed to relieve his symptoms, on December 4, 2004, a lumbar laminectomy with bilateral foraminotomies at the L3, L4 and L5-S1 levels was performed. The surgery was followed by extensive physical therapy and psychiatric care.

Amos Gern settled the case without filing a lawsuit.