On November 11, 2002, the plaintiff was traveling in West Windsor, New Jersey, in a south easterly direction on Alexander Road, toward Princeton, when a tan Ford Taurus wagon, traveling in the opposite direction, came across the solid double lines in the middle of the road and collided with the front of his car. Police investigation at the scene revealed that the defendant was traveling too quickly for the curve in that section of Alexander Road and for the wet road conditions, and lost control of her car.

The plaintiff was taken to Princeton Medical Center. He was complaining primarily of lower back pain, although he had pain in his chest and ribs where the seatbelt came across his torso. When he arrived at the hospital, he was immediately examined and found to be suffering from lower back spasms bilaterally. He was attended to by an orthopedic surgeon. X-rays of his spine revealed a superior end plate lumbar compression fracture with no retropulsion of the bone. The compression at the L1 vertebral body was significant. An MRI study taken subsequent to the x-rays confirmed an acute compression fracture. It also revealed disc pathology at the L5-S1 disc space. The plaintiff was placed on morphine and a thoracolumbar brace was fashioned and applied. He was admitted to the hospital for four days so that his spinal injury could be monitored.

Throughout the remainder of 2002, the plaintiff received follow-up care with his orthopedist and underwent a program of physical therapy. In early 2003, he visited a knee specialist because he was suffering from left knee pain and weakness. An MRI study revealed he was suffering from possible patellar tendinitis and a possible lateral meniscal tear. After a three-month gap in treatment, the plaintiff resumed physical therapy in May 2004, again with limited success.

The plaintiff never underwent surgery for his knee or back problems.