Preview
FILED: ERIE COUNTY CLERK 01/18/2023 04:33 PM INDEX NO. 817375/2019
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2023
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
KAYLA FOX,
Plaintiff,
- vs - BILL OF PARTICULARS
REBECCA SCHMITT and Index No.: 817375/2019
KEVIN J. SCHMITT,
Defendants.
PRELIMINARY STATEMENT: Plaintiff has not completed her discovery in this action or her
preparation for trial. The responses provided reflect Plaintiff's best present knowledge based upon her
.. review and investigation to date. Plaintiff further reserves the right to amend or supplement these
responses and objections as necessary or appropriate in the future or as the discovery of additional or
further information may warrant.
Plaintiff, for her Bill of Particulars against the Defendants REBECCA SCHMITT and
KEVIN J. SCHMITT, upon information and belief herein specifies:
1) Plaintiff's date of birth is 7/25/95.
2) The accident occurred on or about January 7, 2017 at approximately 8:35 a.m.
3) The accident occurred on Transit Road .20 miles south of Madeira Drive,
Cheektowaga, New York.
4) The Defendant operator, violated those Sections of the Vehicle and Traffic Laws
of the State of New York, applicable to the operation, management and control of said vehicle, at or near
the scene of the aforesaid accident, including, but not limited to the following Sections: 375; 375(1);
375(35)(c); 1100; 1101; 1141; 1143; 1160(b); 1180(a); 1180(d); and 1212.
Plaintiff reserves the right to have the Court take judicial notice of each and every
statute, rule, ordinance, law or regulation in effect as of the date of the accident and any violations
thereof by said Defendant.
FILED: ERIE COUNTY CLERK 01/18/2023 04:33 PM INDEX NO. 817375/2019
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2023
Plaintiff reserves the right to submit further and additional particulars as to said
Demand pursuant to the conclusion of full and complete discovery in this matter.
Plaintiff reserves the right to submit further and additional specifications as to
statutes and ordinances violated by the Defendant subsequent to a Pre-Trial examination of said
Defendant.
5) Plaintiff respectfully refers to those paragraphs of Plaintiff's Complaint which set
forth statements of negligent, careless and/or reckless acts and/or omissions as if set forth and repeated
verbatim herein. In addition thereto, Plaintiff would allege that the Defendants, as owner and/or
operator, jointly and/or severally, were negligent, careless and/or reckless as follows:
a) Failure to have motor vehicle under proper management and control at all
times.
b) Failed to have vehicle under proper operating and mechanical condition.
c) In failing to keep a safe and proper distance between the motor vehicle
Defendant operated and the vehicle Plaintiff operated.
d) In failing to make proper and adequate application of brakes and braking
systems on said motor vehicle so as to stop the same before colliding with and/or making contact with
other vehicle involved in crash.
e) In failing to make proper and adequate application of steering and steering
system so as to tum said vehicle before colliding with and/or making contact with other vehicle involved
in crash.
f) In failing to alter or deflect the course of her vehicle so as to avoid
striking, colliding with and/or making contact with other vehicle involved in crash.
g) In failing to give Plaintiff any notice or warning before colliding with
and/or making contact with other vehicle involved in crash.by horn, lights or otherwise.
FILED: ERIE COUNTY CLERK 01/18/2023 04:33 PM INDEX NO. 817375/2019
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2023
h) In failing to take the necessary and proper precautions to protect the rights
and safety of vehicles, their operators and passengers therein, lawfully and legally on the highway in
general, and in particular, the rights and safety of the Plaintiff all in a manner in violation of the Vehicle
and Traffic Laws of the State of New York as therein made and provided.
i) Failure to yield right-of-way.
j) In failing to observe other vehicle involved in crash and/or in observing
other vehicle involved in crash, in failing to stop Defendant's vehicle so as to ensure the safety of
Plaintiff.
k) In failing to be reasonably alert
1) In violating all statutes, rules, ordinances or regulations and/or laws
applicable to the circumstances surrounding this accident.
m) Improper lookout.
n) In encroaching upon another vehicle's right of way.
o) In striking and/or making contact with other vehicle involved in crash.
p) In operating her vehicle without proper rest and/or while in a proper
driving condition.
q) Unsafe vehicle operation.
r) In losing control of defendant's vehicle.
s) In operating Defendant's vehicle in a forward direction while looking in a
different direction, and/or while distracted.
t) In operating Defendant's vehicle at the intersection with a failure to
reduce speed appropriately.
FILED: ERIE COUNTY CLERK 01/18/2023 04:33 PM INDEX NO. 817375/2019
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2023
u) Improper and unsafe tires.
v) Failure to properly observe vehicular traffic proceeding on public
thoroughfare at and or near crash location.
w) Improper lane change.
!
x) Imprudent speed·under the facts and circumstances existing.
y) Speeding on public thoroughfare and/or Improper speed under the facts
and circumstances existing.
z) Unsafe speed.
aa) Failure to reduce speed appropriately.
bb) Failure to alter or deflect the course of Defendant's vehicle so as not to
strike, crash into, collide with and/or make contact with other vehicle involved in crash.
cc) Improper and unsafe steering of motor vehicle.
dd) Improper and unsafe braking of motor vehicle.
ee) Reckless driving.
ff) In failing to take such other and further defensive driving actions which
would have prevented the happening of this accident.
gg) Operating said vehicle in such a negligent manner so as to collide and
strike other vehicle involved in crash as it was approaching and/or entering the roadway from parking
lot.
FILED: ERIE COUNTY CLERK 01/18/2023 04:33 PM INDEX NO. 817375/2019
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2023
hh) In failing to keep a safe and proper distance between the vehicle
Defendant was operating and strike other vehicle involved in crash as Defendant was approaching
and/or entering the roadway from parking lot.
n) In crashing into, colliding with and/or striking or making contact with the
Plaintiff's vehicle.
jj) Operating said vehicle while distracted if applicable by passengers, using
radio, a mobile phone, texting and/or by smoking, eating and/or drinking prior to and/or at the time
when accident occurred.
kk) Driving while distracted.
11) In striking Plaintiff's vehicle while making a left turn onto street where
Plaintiff was legally traveling.
In an illegal and/or negligent left turn -
mm) making improper, striking
Plaintiff's vehicle.
nn) In making an improper, illegal and/or negligent left turn thereby entering
into Plaintiff's lane of traffic- Plaintiff's vehicle.
striking
oo) In making an improper, illegal and/or negligent turn onto roadway from
parking lot.
pp) In crashing into, colliding with and/or striking or making contact with the
Plaintiff's vehicle which was stopped.
qq) Improper, illegal and/or negligent entry into roadway.
rr) Operating said vehicle while distracted if applicable by passengers and/or
by using a radio, a mobile phone, GPS device or other internal vehicle equipment/devices, and/or by
smoking, eating, drinking at the time when the accident occurred.
FILED: ERIE COUNTY CLERK 01/18/2023 04:33 PM INDEX NO. 817375/2019
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2023
Plaintiff reserves the right to submit further and additional particulars as to said
Demand pursuant to the conclusion of full and complete discovery in this matter.
See Plaintiff's Complaint, which relates to said acts or omissions constituting
negligence, carelessness and/or reckless conduct of the above-named Defendants as vehicle owner, as if
repeated verbatim herein and at this time.
Plaintiff reserves the right to submit further and additional particulars as to said
Demand pursuant to the conclusion of full and complete discovery in this matter.
6) As a result of the subject accident's multiple trauma from double crash and
collision with initial crash/impact involving vehicle upon vehicle and secondary crash/impact involving
vehicle upon stationary object/tree, Plaintiff, upon information and belief, has suffered and sustained
numerous and diverse injuries and/or residual conditions including, and without limitation thereto,
among the following:
HEAD / FACE AND NECK / CERVICAL SPINE
* Trauma to the head with post-trauma headache conditions;
* deployment with trauma about head and
Airbag directly in, to and face;
*
Trauma to head and brain, further together with traumatic injury in, to and about brain cells
and soft tissue structures that surround, support, nourish and allow for functional use of said brain as a
body organ individually and further as the brain inter-relates with the nervous, skeletal and muscular
systems;
*
Cervical sprain/strain;
*
Cervicalgia;
*
Cervical radiculopathy;
*
Cervical Cranial Syndrome;
*
Trauma with resultant Cervicobrachial Syndrome conditions;
* Trauma to Plaintiff's person with sprain of cervical ligaments;
* Whiplash injury to soft tissue structures that surround, support, nourish and allow functional
use of neck and cervical spine with further injury and/or damage due to rapid motion including,
without limitation thereto, injury/damage to intervertebral joints, discs, ligaments, tendons, cervical
muscles, nerve roots and other supporting connective tissues;
FILED: ERIE COUNTY CLERK 01/18/2023 04:33 PM INDEX NO. 817375/2019
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2023
* of bulge and/or
Accident trauma with disc deformation, derangement, alteration integrity,
protrusions/herniations at multiple levels;
* Trauma to about neck cervical spine with further resultant sprain and strain
in, and and injury,
of muscle fascia and tendons at multiple levels;
* Trauma with loss of normal cervical lordosis due to muscle spasm;
* Trauma with of cervical at C6-7;
bulging disc
* Trauma with resultant pain left side
in, to and about, without limitation thereto, cervical region;
of neck; posterior cervical neck; right side of neck; right posterior trapezius; left trapezius and upper
thoracic with further resultant numbness in bilateral upper extremities with impairment of pre-accident
activities including, without limitation thereto, sitting; sleeping; working on computer; reaching
overhead and lifting;
* dysfunction of cervical
Trauma to Plaintiff's person with segmental and somatic region;
* Trauma to and about
in, to and about neck and cervical spine with further pain radiating in,
bilateral upper extremities;
* Trauma from crash and collisions with resultant cervical plexopathy;
*
Objective findings upon sensory pain fiber nerve condition study of 4/6/17 including, without
limitation thereto, cervical radiculopathy involving left C8 nerve root;
MID BACK AND THORACIC SPINE
*
Thoracic sprain/strain;
*
Trauma to Plaintiff's person with sprain of thoracic ligaments;
* allow
Whiplash injury to soft tissue structures that surround, support, nourish and functional
use of mid back and thoracic spine with further injury and/or damage due to rapid motion including,
without limitation thereto, injury/damage to intervertebral joints, discs, ligaments, tendons, cervical
muscles, nerve roots and other supporting connective tissues;
*
Accident trauma with disc deformation, derangement, alteration of integrity, bulge and/or
protrusions/herniations at multiple levels;
*
Trauma in, to and about mid back and thoracic sine with further resultant injury, sprain and
strain of muscle fascia and tendons at multiple levels;
*
Trauma with resultant pain in, to and about, without limitation thereto, left mid thoracic; left
lower thoracic; lower thoracic; right lower thoracic; right mid thoracic and mid thoracic with
impairment of pre-accident activities including, without limitation thereto, bending; bending over;
lifting; reaching overhead; sitting; sleeping; standing; walking and working on computer;
*
Trauma to Plaintiff's person with segmental and somatic dysfunction of thoracic region;
FILED: ERIE COUNTY CLERK 01/18/2023 04:33 PM INDEX NO. 817375/2019
.
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2023
.
LOW BACK AND LUMBOSACRAL SPINE
*
Lumbar sprain/strain;
*
Lumbosacral radiculopathy;
* Trauma sprain of lumbar
to Plaintiff's person with ligaments;
* Whiplash nourish allow functional
injury to soft tissue structures that surround, support, and
use of low back and lumbosacral spine with further injury and/or damage due to rapid motion
including, without limitation thereto, injury/damage to intervertebral joints, discs, ligaments, tendons,
cervical muscles, nerve roots and other supporting connective tissues;
* and/or
Accident trauma with disc deformation, derangement, alteration of integrity, bulge
protrusions/herniations at multiple levels;
* low sprain
Trauma in, to and about back and lumbosacral sine with further resultant injury, and
strain of muscle fascia and tendons at multiple levels;
* with
Trauma resultant pain in, to and about, without limitation thereto, lumbar region; left
lumbar; right lumbar; right sacroiliac; left sacroiliac; right posterior pelvis/hip and left posterior/hip
with further resultant numbness in bilateral lower extremities with impairment of pre-accident
activities including, without limitation thereto, bending over; lifting; reaching overhead; sitting;
sleeping; standing; walking and working on computer;
* Trauma to Plaintiff's with segmental dysfunction lumbar
person and somatic of region;
*
Trauma with superior end plate fractures of L3, IA and L5;
* with
Trauma bulging of disc at L2-3;
* low
Trauma in, to and about back and lumbosacral spine with further pain radiating in, to and
about bilateral SI sacroiliac joints and bilateral lower extremities;
*
Trauma from crash and collisions with resultant lumbar plexopathy;
*
Objective findings upon sensory pain fiber nerve condition study of 4/20/17 including, without
limitation thereto, lumbar radiculopathy involving right L5 nerve root;
SPINAL SUBLUXATIONS
*
Trauma to Plaintiff's person with further resultant subluxations including, but not limited to
right C4; right C5; right C6; right C7; right T1; right T2; right T3; right Ll; right L2; right L3; right
L4; right L5; left T4; left T5 and left T6;
. .
FILED: ERIE COUNTY CLERK 01/18/2023 04:33 PM INDEX NO. 817375/2019
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2023
MUSCLE PALPATION AND SPINAL PAIN COMPLAINTS
* connective injuries with further
Trauma to multiple areas of Plaintiff's person with tissue
resultant objective findings upon palpation including, without limitation thereto, cervical paraspinal
muscular structures plus 3 spasms with severe tenderness; upper trapezius plus 3 spasms with severe
tenderness; suboccipital muscles plus 3 spasms with moderate tenderness; thoracic paraspinals plus 2
spasms with severe tenderness; levator scapulae plus 2 spasms with severe tenderness; lumbar
paraspinals plus 3 spams with severe tenderness; quadratus plus 3 spasms with severe tenderness;
* pain without
Trauma to Plaintiff's person with further resultant complaints including,
limitation thereto: cervical -
burning, stabbing, throbbing, numbness, sharp, shooting, intolerable,
gripping, cramping, aching, soreness and stiffness;
* without
Trauma to Plaintiff's person with further resultant pain complaints including,
limitation thereto: thoracic -stabbing, throbbing, pulling, sharp, sore, stiffness, gripping, cramping,
burning and aching;
*
Trauma to Plaintiff's person with further resultant pain complaints including, without
limitation thereto: lumbar -
intolerable, numbness, pressure, sharp, shooting, stabbing, sore, stiffness,
cramping, burning, heavy, gripping and aching;
ORTHOPEDIC TESTING
*
Traumatic injury to Plaintiff's person with further objective confirmation of injury in, to and
about Plaintiff's spine and connective tissue structures that surround, support, nourish and allow
functional use of same including, without limitation thereto, positive bilateral Valsalva's; positive
bilateral distraction; positive neutral cervical compression with further positive radicular symptoms;
positive shoulder depressor with further positive radicular symptoms; positive Soto Hall with positive
radicular symptoms; positive Soto Hall of thoracic spine bilaterally; positive Minor's Rising Sign;
positive s
Preview
FILED: ERIE COUNTY CLERK 01/18/2023 04:33 PM INDEX NO. 817375/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2023 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE KAYLA FOX, Plaintiff, - vs - BILL OF PARTICULARS REBECCA SCHMITT and Index No.: 817375/2019 KEVIN J. SCHMITT, Defendants. PRELIMINARY STATEMENT: Plaintiff has not completed her discovery in this action or her preparation for trial. The responses provided reflect Plaintiff's best present knowledge based upon her .. review and investigation to date. Plaintiff further reserves the right to amend or supplement these responses and objections as necessary or appropriate in the future or as the discovery of additional or further information may warrant. Plaintiff, for her Bill of Particulars against the Defendants REBECCA SCHMITT and KEVIN J. SCHMITT, upon information and belief herein specifies: 1) Plaintiff's date of birth is 7/25/95. 2) The accident occurred on or about January 7, 2017 at approximately 8:35 a.m. 3) The accident occurred on Transit Road .20 miles south of Madeira Drive, Cheektowaga, New York. 4) The Defendant operator, violated those Sections of the Vehicle and Traffic Laws of the State of New York, applicable to the operation, management and control of said vehicle, at or near the scene of the aforesaid accident, including, but not limited to the following Sections: 375; 375(1); 375(35)(c); 1100; 1101; 1141; 1143; 1160(b); 1180(a); 1180(d); and 1212. Plaintiff reserves the right to have the Court take judicial notice of each and every statute, rule, ordinance, law or regulation in effect as of the date of the accident and any violations thereof by said Defendant. FILED: ERIE COUNTY CLERK 01/18/2023 04:33 PM INDEX NO. 817375/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2023 Plaintiff reserves the right to submit further and additional particulars as to said Demand pursuant to the conclusion of full and complete discovery in this matter. Plaintiff reserves the right to submit further and additional specifications as to statutes and ordinances violated by the Defendant subsequent to a Pre-Trial examination of said Defendant. 5) Plaintiff respectfully refers to those paragraphs of Plaintiff's Complaint which set forth statements of negligent, careless and/or reckless acts and/or omissions as if set forth and repeated verbatim herein. In addition thereto, Plaintiff would allege that the Defendants, as owner and/or operator, jointly and/or severally, were negligent, careless and/or reckless as follows: a) Failure to have motor vehicle under proper management and control at all times. b) Failed to have vehicle under proper operating and mechanical condition. c) In failing to keep a safe and proper distance between the motor vehicle Defendant operated and the vehicle Plaintiff operated. d) In failing to make proper and adequate application of brakes and braking systems on said motor vehicle so as to stop the same before colliding with and/or making contact with other vehicle involved in crash. e) In failing to make proper and adequate application of steering and steering system so as to tum said vehicle before colliding with and/or making contact with other vehicle involved in crash. f) In failing to alter or deflect the course of her vehicle so as to avoid striking, colliding with and/or making contact with other vehicle involved in crash. g) In failing to give Plaintiff any notice or warning before colliding with and/or making contact with other vehicle involved in crash.by horn, lights or otherwise. FILED: ERIE COUNTY CLERK 01/18/2023 04:33 PM INDEX NO. 817375/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2023 h) In failing to take the necessary and proper precautions to protect the rights and safety of vehicles, their operators and passengers therein, lawfully and legally on the highway in general, and in particular, the rights and safety of the Plaintiff all in a manner in violation of the Vehicle and Traffic Laws of the State of New York as therein made and provided. i) Failure to yield right-of-way. j) In failing to observe other vehicle involved in crash and/or in observing other vehicle involved in crash, in failing to stop Defendant's vehicle so as to ensure the safety of Plaintiff. k) In failing to be reasonably alert 1) In violating all statutes, rules, ordinances or regulations and/or laws applicable to the circumstances surrounding this accident. m) Improper lookout. n) In encroaching upon another vehicle's right of way. o) In striking and/or making contact with other vehicle involved in crash. p) In operating her vehicle without proper rest and/or while in a proper driving condition. q) Unsafe vehicle operation. r) In losing control of defendant's vehicle. s) In operating Defendant's vehicle in a forward direction while looking in a different direction, and/or while distracted. t) In operating Defendant's vehicle at the intersection with a failure to reduce speed appropriately. FILED: ERIE COUNTY CLERK 01/18/2023 04:33 PM INDEX NO. 817375/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2023 u) Improper and unsafe tires. v) Failure to properly observe vehicular traffic proceeding on public thoroughfare at and or near crash location. w) Improper lane change. ! x) Imprudent speed·under the facts and circumstances existing. y) Speeding on public thoroughfare and/or Improper speed under the facts and circumstances existing. z) Unsafe speed. aa) Failure to reduce speed appropriately. bb) Failure to alter or deflect the course of Defendant's vehicle so as not to strike, crash into, collide with and/or make contact with other vehicle involved in crash. cc) Improper and unsafe steering of motor vehicle. dd) Improper and unsafe braking of motor vehicle. ee) Reckless driving. ff) In failing to take such other and further defensive driving actions which would have prevented the happening of this accident. gg) Operating said vehicle in such a negligent manner so as to collide and strike other vehicle involved in crash as it was approaching and/or entering the roadway from parking lot. FILED: ERIE COUNTY CLERK 01/18/2023 04:33 PM INDEX NO. 817375/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2023 hh) In failing to keep a safe and proper distance between the vehicle Defendant was operating and strike other vehicle involved in crash as Defendant was approaching and/or entering the roadway from parking lot. n) In crashing into, colliding with and/or striking or making contact with the Plaintiff's vehicle. jj) Operating said vehicle while distracted if applicable by passengers, using radio, a mobile phone, texting and/or by smoking, eating and/or drinking prior to and/or at the time when accident occurred. kk) Driving while distracted. 11) In striking Plaintiff's vehicle while making a left turn onto street where Plaintiff was legally traveling. In an illegal and/or negligent left turn - mm) making improper, striking Plaintiff's vehicle. nn) In making an improper, illegal and/or negligent left turn thereby entering into Plaintiff's lane of traffic- Plaintiff's vehicle. striking oo) In making an improper, illegal and/or negligent turn onto roadway from parking lot. pp) In crashing into, colliding with and/or striking or making contact with the Plaintiff's vehicle which was stopped. qq) Improper, illegal and/or negligent entry into roadway. rr) Operating said vehicle while distracted if applicable by passengers and/or by using a radio, a mobile phone, GPS device or other internal vehicle equipment/devices, and/or by smoking, eating, drinking at the time when the accident occurred. FILED: ERIE COUNTY CLERK 01/18/2023 04:33 PM INDEX NO. 817375/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2023 Plaintiff reserves the right to submit further and additional particulars as to said Demand pursuant to the conclusion of full and complete discovery in this matter. See Plaintiff's Complaint, which relates to said acts or omissions constituting negligence, carelessness and/or reckless conduct of the above-named Defendants as vehicle owner, as if repeated verbatim herein and at this time. Plaintiff reserves the right to submit further and additional particulars as to said Demand pursuant to the conclusion of full and complete discovery in this matter. 6) As a result of the subject accident's multiple trauma from double crash and collision with initial crash/impact involving vehicle upon vehicle and secondary crash/impact involving vehicle upon stationary object/tree, Plaintiff, upon information and belief, has suffered and sustained numerous and diverse injuries and/or residual conditions including, and without limitation thereto, among the following: HEAD / FACE AND NECK / CERVICAL SPINE * Trauma to the head with post-trauma headache conditions; * deployment with trauma about head and Airbag directly in, to and face; * Trauma to head and brain, further together with traumatic injury in, to and about brain cells and soft tissue structures that surround, support, nourish and allow for functional use of said brain as a body organ individually and further as the brain inter-relates with the nervous, skeletal and muscular systems; * Cervical sprain/strain; * Cervicalgia; * Cervical radiculopathy; * Cervical Cranial Syndrome; * Trauma with resultant Cervicobrachial Syndrome conditions; * Trauma to Plaintiff's person with sprain of cervical ligaments; * Whiplash injury to soft tissue structures that surround, support, nourish and allow functional use of neck and cervical spine with further injury and/or damage due to rapid motion including, without limitation thereto, injury/damage to intervertebral joints, discs, ligaments, tendons, cervical muscles, nerve roots and other supporting connective tissues; FILED: ERIE COUNTY CLERK 01/18/2023 04:33 PM INDEX NO. 817375/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2023 * of bulge and/or Accident trauma with disc deformation, derangement, alteration integrity, protrusions/herniations at multiple levels; * Trauma to about neck cervical spine with further resultant sprain and strain in, and and injury, of muscle fascia and tendons at multiple levels; * Trauma with loss of normal cervical lordosis due to muscle spasm; * Trauma with of cervical at C6-7; bulging disc * Trauma with resultant pain left side in, to and about, without limitation thereto, cervical region; of neck; posterior cervical neck; right side of neck; right posterior trapezius; left trapezius and upper thoracic with further resultant numbness in bilateral upper extremities with impairment of pre-accident activities including, without limitation thereto, sitting; sleeping; working on computer; reaching overhead and lifting; * dysfunction of cervical Trauma to Plaintiff's person with segmental and somatic region; * Trauma to and about in, to and about neck and cervical spine with further pain radiating in, bilateral upper extremities; * Trauma from crash and collisions with resultant cervical plexopathy; * Objective findings upon sensory pain fiber nerve condition study of 4/6/17 including, without limitation thereto, cervical radiculopathy involving left C8 nerve root; MID BACK AND THORACIC SPINE * Thoracic sprain/strain; * Trauma to Plaintiff's person with sprain of thoracic ligaments; * allow Whiplash injury to soft tissue structures that surround, support, nourish and functional use of mid back and thoracic spine with further injury and/or damage due to rapid motion including, without limitation thereto, injury/damage to intervertebral joints, discs, ligaments, tendons, cervical muscles, nerve roots and other supporting connective tissues; * Accident trauma with disc deformation, derangement, alteration of integrity, bulge and/or protrusions/herniations at multiple levels; * Trauma in, to and about mid back and thoracic sine with further resultant injury, sprain and strain of muscle fascia and tendons at multiple levels; * Trauma with resultant pain in, to and about, without limitation thereto, left mid thoracic; left lower thoracic; lower thoracic; right lower thoracic; right mid thoracic and mid thoracic with impairment of pre-accident activities including, without limitation thereto, bending; bending over; lifting; reaching overhead; sitting; sleeping; standing; walking and working on computer; * Trauma to Plaintiff's person with segmental and somatic dysfunction of thoracic region; FILED: ERIE COUNTY CLERK 01/18/2023 04:33 PM INDEX NO. 817375/2019 . NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2023 . LOW BACK AND LUMBOSACRAL SPINE * Lumbar sprain/strain; * Lumbosacral radiculopathy; * Trauma sprain of lumbar to Plaintiff's person with ligaments; * Whiplash nourish allow functional injury to soft tissue structures that surround, support, and use of low back and lumbosacral spine with further injury and/or damage due to rapid motion including, without limitation thereto, injury/damage to intervertebral joints, discs, ligaments, tendons, cervical muscles, nerve roots and other supporting connective tissues; * and/or Accident trauma with disc deformation, derangement, alteration of integrity, bulge protrusions/herniations at multiple levels; * low sprain Trauma in, to and about back and lumbosacral sine with further resultant injury, and strain of muscle fascia and tendons at multiple levels; * with Trauma resultant pain in, to and about, without limitation thereto, lumbar region; left lumbar; right lumbar; right sacroiliac; left sacroiliac; right posterior pelvis/hip and left posterior/hip with further resultant numbness in bilateral lower extremities with impairment of pre-accident activities including, without limitation thereto, bending over; lifting; reaching overhead; sitting; sleeping; standing; walking and working on computer; * Trauma to Plaintiff's with segmental dysfunction lumbar person and somatic of region; * Trauma with superior end plate fractures of L3, IA and L5; * with Trauma bulging of disc at L2-3; * low Trauma in, to and about back and lumbosacral spine with further pain radiating in, to and about bilateral SI sacroiliac joints and bilateral lower extremities; * Trauma from crash and collisions with resultant lumbar plexopathy; * Objective findings upon sensory pain fiber nerve condition study of 4/20/17 including, without limitation thereto, lumbar radiculopathy involving right L5 nerve root; SPINAL SUBLUXATIONS * Trauma to Plaintiff's person with further resultant subluxations including, but not limited to right C4; right C5; right C6; right C7; right T1; right T2; right T3; right Ll; right L2; right L3; right L4; right L5; left T4; left T5 and left T6; . . FILED: ERIE COUNTY CLERK 01/18/2023 04:33 PM INDEX NO. 817375/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2023 MUSCLE PALPATION AND SPINAL PAIN COMPLAINTS * connective injuries with further Trauma to multiple areas of Plaintiff's person with tissue resultant objective findings upon palpation including, without limitation thereto, cervical paraspinal muscular structures plus 3 spasms with severe tenderness; upper trapezius plus 3 spasms with severe tenderness; suboccipital muscles plus 3 spasms with moderate tenderness; thoracic paraspinals plus 2 spasms with severe tenderness; levator scapulae plus 2 spasms with severe tenderness; lumbar paraspinals plus 3 spams with severe tenderness; quadratus plus 3 spasms with severe tenderness; * pain without Trauma to Plaintiff's person with further resultant complaints including, limitation thereto: cervical - burning, stabbing, throbbing, numbness, sharp, shooting, intolerable, gripping, cramping, aching, soreness and stiffness; * without Trauma to Plaintiff's person with further resultant pain complaints including, limitation thereto: thoracic -stabbing, throbbing, pulling, sharp, sore, stiffness, gripping, cramping, burning and aching; * Trauma to Plaintiff's person with further resultant pain complaints including, without limitation thereto: lumbar - intolerable, numbness, pressure, sharp, shooting, stabbing, sore, stiffness, cramping, burning, heavy, gripping and aching; ORTHOPEDIC TESTING * Traumatic injury to Plaintiff's person with further objective confirmation of injury in, to and about Plaintiff's spine and connective tissue structures that surround, support, nourish and allow functional use of same including, without limitation thereto, positive bilateral Valsalva's; positive bilateral distraction; positive neutral cervical compression with further positive radicular symptoms; positive shoulder depressor with further positive radicular symptoms; positive Soto Hall with positive radicular symptoms; positive Soto Hall of thoracic spine bilaterally; positive Minor's Rising Sign; positive s