In this case a 34 year old chef and restaurant eur was rollerblading in Greenwich village when she was struck by a vehicle backing up into a parking space on the street. What made this case complicated was that Ms. S had previously undergone surgery to remove a disc at L5-S1 in her lower spine and then year later had a spinal cord stimulator implanted to help reduce pain in that area. She testified that she was pain free for the three years immediately preceding this accident. Medical proof at trial showed that this accident aggravated the previous injury and required the surgical replacement of the prior stimulator and after that had to have a morphine pump implanted in the spinal area because of the constant severe pain. Prior to trial the defendants agreed to settle for $2.4 million even though they claimed that Ms. S’s injuries were not due to this accident.