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Penn State was hit with $60 million in fines, a four-year suspension from post-season play and was forced to vacate 112 victories over the 14 years since officials first failed to act on allegations that convicted child molester Gary Sandusky was a pedophile.

Many are calling it the most severe sanctions ever handed out in college athletics. As Sports Illustrated put it, the NCAA sentenced Penn State to a slow death, rather than the death penalty. The so-called “death penalty” was given to Southern Methodist University in 1987, when the entire football team was forced to sit out a year of competition. That case involved a slush fund used to pay players for a decade.Our Chicago sex abuse attorneys see this as a cautionary tale. Children must be believed and protected. Organizations that fail to protect from abuse must be held accountable, whether the Catholic Church or a storied university.

In this case, the allegations are that Coach Paterno, University President Graham Spanier, Senior Vice President Gary Schultz. and Athletic Director Tim Curley failed in their obligation to protect children from Sandusky. The vacated games are for the 1998-2011 seasons; 1998 is when officials at Penn State first learned of allegations of abuse against Sandusky.

Curley and Schultz are facing perjury charges in connection with their grand jury testimony.

Cries that the NCAA acted out of bounds, or acted too quickly, should fall on deaf ears. One is the health and safety of a defenseless child. The other is a game played on Saturday afternoons. The argument is that the NCAA’s business is ensuring that college sports remain apart from professional sports. Some Penn State supporters feel the sanctioning body lacks jurisdiction to punish members for off-field, non-player related issues.

Sandusky was convicted in criminal court on 45 counts of criminal sex abuse. Many of his crimes occurred at Penn State facilities as Sandusky had virtually unlimited use of university facilities long after he retired from coaching. We wrote last week on our Chicago Personal Injury Lawyer Blog when the university’s independent report was released. The report found university officials had ample evidence of sex abuse — including attacks on children in the football locker room showers in 1998 and 2001.

Both the head of the university and the head of the football program had adequate information to warrant thorough investigation of crimes against children. And they both failed to respond adequately, erring on the side of protecting the reputation of the university, rather than doing everything possible to ensure children are not subjected to criminal sex abuse.

How long it takes Penn State’s historic football program to recover is largely a secondary question. The recovery of abused children is paramount.

SMU has not been as competitive since it served its sanctions in 1987-88. Penn State’s penalties also include 20 fewer scholarships a year for the next four years, so it will be nearly a decade before those classes are graduated. And, in the near term, the NCAA has given current Penn State players the right to transfer to a different school. The Big Ten has also announced Penn State will forgo $13 million in revenue over the course of the four-year suspension. The expected loss of ticket revenue will push the real cost of Penn State’s total financial penalty well north of $100 million.

The Chicago Tribune reports other historic sanctions include the two-year ban levied against the Southwestern Louisiana basketball program in 1973. The Kentucky basketball program was given a season-long suspension 1952, after players were arrested for taking payments from gamblers in a point-shaving scandal.

Penn State officials are vowing to heal, and to build a university that always puts first the needs and safety of children. The $73 million in NCAA and Big Ten fines will go to fund programs aimed at child welfare and preventing child abuse.
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If the Jerry Sandusky travesty of justice at Penn State teaches us anything, it must be that allegations of child sex abuse must always be taken with the utmost seriousness.

Chicago sex abuse attorneys know failure to stop abuse only perpetuates the abuse of more child victims. In this case, Penn State apparently had ample evidence in 1998 and again in 2001. But it wasn’t just Penn State. Or famed Coach Joe Paterno. Law enforcement, prosecutors and child welfare advocates also dropped the ball.

In recent years, there have been an increasing number of llinois sex abuse lawsuits against religious organizations and others who’ve facilitated the acts of pedophiles. Abels & Annes is committed to working with these victims. Not only to recover compensation and ensure an offender is brought to justice, but to make sure their voice is heard.

Because the Penn State case also makes it clear that child sexual assault allegations can be proven years after the fact. This is often critical because children may hide the truth for years or are not brought justice at the time of an incident even in cases where the proper authorities are notified.

On Thursday the Freeh Report — an independent investigation conducted by former FBI Director Louis Freeh — found former Coach Paterno, University President Graham Spanier, Senior Vice President Gary Schultz. and Athletic Director Tim Curley failed in their obligation to protect children from Sandusky. The Sun-Times reported Sandusky was permitted to continue using Penn State facilities to groom and assault victims, even after he retired from coaching in 1999.

Curly and Schultz have been criminally charged with perjury for lying to the grand jury and for not reporting child abuse. Schultz retired and Curley is on administrative leave from the university.

”The most powerful men at Penn State failed to take any steps for 14 years to protect the children whom Sandusky victimized,” the Freeh report concluded.

The Paterno family rejected the idea that “any sane person” would cover for a child sexual predator. The family thinks it more likely that Sandusky was a master deceiver who fooled law enforcement, family, coaches, players, neighbors and officials at his charity for disadvantaged children, Second Mile.

And that’s another critical piece of this puzzle. These people are often gregarious, intelligent, unassuming, friendly, outwardly wholesome individuals. They may spend months or even years grooming or abusing a victim. They may be important people in a position of power. When an allegation is made, it must be taken seriously by all involved.

It can be incredibly difficult to win justice in these cases. Having an experienced law firm at your side can often be a determining factor.

-In 1998, when the mother of an 11-year-old boy contacted police, all four university leaders were aware of the investigation. No charges were ever filed. Sandusky retired in 1999 after 30 years with the university’s football program. The Emeritus status given him permitted ongoing access to the football program and its facilities.

-In 2000, several janitors witnessed Sandusky with a child in the shower, but did nothing for fear of losing their jobs.

-In 2001, an assistant coach told Paterno he had witnessed Sandusky and a naked boy in a shower. He later testified he saw the boy being raped and told top university officials, including Curley and Schultz. In August of that year, a second victim was assaulted in the shower.

-Not until 2010, did the case begin to surface when the Pennsylvania Attorney General subpoenaed the university for personnel records of correspondence regarding Sandusky. In September, the Patriot-News newspaper contacted University President Spanier about the Sandusky investigation.

There were concerns as far back as 1995. Penn Live reported a note in the adoption file of Sandusky’s adopted son, Matt Sandusky, contained a letter of concern from his mother. As the paper put it, on at least 5 occasions spanning 13 years, a boy voiced concern about Sandusky’s conduct, or an adult witnessed troubling or alarming behavior.

“And at each stage, other adults dismissed, minimized or failed to act upon those concerns.”

Matt Sandusky later told police he was molested by his Sandusky for years.
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UPDATED STORY: Tribune Local is now reporting that a vehicle has been found buried in the train wreckage and one person has been killed.

Officials said yesterday that no one had been injured, but today the work crew noticed part of a vehicle sticking out of the debris and started to dig around it with shovels.

Rescue workers are saying that one victim was in the car and that they are trying to remove the person. The name of the victim has not been reported.

Major Train Derailment in the Chicago area causes no injuries, but local residents are nervous

As an Illinois train crash lawyer, how do I know local residents are nervous? Because I am one of them. I live in the area of the derailment and I travel under that viaduct several times a week.

During the 4th of July celebrations in Glenview and Northbrook, the train crash was all people were talking about. Yesterday afternoon I went out to the accident scene, which was crowded with concerned locals. The freight train was carrying coal. Fortunately no injuries have been reported.

According to the Chicago Tribune, the train derailed near Willow Road and Shermer Avenue in Northbrook at 1:45 p.m. Investigators are currently looking into the cause of the accident.

Glenview and Northbrook residents were reminded of a 2009 derailment in the same location which also caused significant damage and resulted in no injuries.

The train that derailed yesterday was large with three engines and 138 cars. About a third of the train crossed the overpass at Shermer Avenue successfully before the bridge collapsed, causing 31 cars to derail and starting a small fire. The remaining cars and the engines did not derail.

Several residents were on scene shortly after the accident. While it appears that no one was injured, a derailment of this magnitude could have easily claimed the lives of pedestrians and motorists in the area, as well as individuals on board the train. Many Northbrook residents remain nervous about their safety after this accident.

The derailment occurred on a stretch of Union Pacific tracks that does not service Metra passenger trains. However many pedestrians work and live in the area where the derailment occurred.

Immediate plans are to construct a temporary track by placing stones where the bridge used to be with long term plans to build a new bridge.

Roads in the area were closed and cleanup crews were on the scene yesterday, though it could take months for all of the cleanup to be completed, leaving area residents with the remnants of the derailment for some time to come.

I can tell you that residents in the area are certainly talking about a lot of “what ifs” today. What if a car was under the bridge at the time of the accident, what if a pedestrian was on the sidewalk. Two derailments in the same location has everyone in the community very concerned.

Personally, I can tell you that once repairs are made I will no longer be driving under that viaduct. I will take the long way, not worth the risk.
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Car accident lawyers at Abels & Annes are working on a case for a Chicago woman and her two teenage daughters who were injured by a negligent motorist. The collision occurred back on September 11, 2011 around noon.

The plaintiff and her daughters were driving westbound on Ridge in Chicago, approaching its intersection with Clark Street in a 2008 Hyundai Sonata. Traffic came to a stop and she brought her vehicle to a stop in traffic just before the intersection. The defendant was also driving westbound on Ridge, approaching Clark. He then failed to slow and/or stop his 1996 Chevy Geo and rear-ended the Hyundai. The force of the Chicago car accident threw her back and forth in her seat.

The Chicago Police Department responded to the scene of the collision and determined the defendant was at fault and issued him a citation for driving too fast for conditions. Car accident lawyers at our office are alleging the defendant failed to keep a proper lookout, failed to stop and/or reduce his speed to avoid a collision, and failed to exercise due care for the safety of those in the area, including the Plaintiffs.

Following the collision, our clients had an immediate onset of pain. Shortly after the collision, the mother sought treatment at St. Francis Hospital’s Emergency Department. Upon arrival at the Emergency Department, a history was taken, she was examined, and diagnostic tests were performed. She complained of neck pain, back pain, and pain near her left scapula. On exam, she had paravertebral tenderness in her neck and lower back. She was diagnosed with muscular pain, neck spasms, and back spasms, prescribed pain medication and muscle relaxants, and instructed to seek follow up care.

Due to ongoing and increasing pain, she sought follow up treatment with a medical doctor on September 13, 2011. At that time, the plaintiff complained of headaches and lightheadedness in addition to her constant neck and low back pain. Her pain was made worse with sitting or standing for a long period of time, which she was required to do for work. The physician took a history and examined her. On exam, she had pain along the paracervical muscles with limited range of motion as well as pain and muscles spasms of the paraspinal muscles in her lower back. The orthopedic diagnosed the plaintiff with a sprain and strain of the cervical and lumbar spines. He ordered x-rays of her neck and back, instructed her to begin a course of physical therapy, and instructed her to follow up after her x-rays.
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A Chicago personal injury lawyer at Abels & Annes has resolved a claim stemming from a June, 2011 car crash. The plaintiff was driving to work just after 8 AM and was traveling southwest on Ogden Avenue approaching Oak Park Avenue in Berwyn, Illinois. The defendant was driving northeast on Ogden Avenue approaching Oak Park Avenue.

Our client had a green light at the intersection of Ogden and Oak Park and proceeded to drive her 2005 Chrysler PT cruiser straight. The at fault driver attempted to make a left turn in his Toyota Corolla onto northbound Oak Park without yielding the right-of-way to the Chrysler. The defendant turned left and struck the plaintiff in a head-on collision. The force of the impact pushed the PT cruiser across a lane of traffic and towards the shoulder of Ogden Avenue.

The Berwyn Police Department responded to the scene of the Illinois auto collision and determined the Toyota driver caused the accident. He received a citation for failure to yield the right-of-way at an intersection while turning left and later pleaded guilty to that charge and court.

Following the incident our client had an immediate onset of neck, back, and chest pain. She was taken from the scene of the occurrence by ambulance to MacNeal Hospital’s Emergency Department. A history was taken, she was examined and diagnostic tests were performed.

On exam, she had pain and tenderness to her chest wall and paraspinal muscles in her back. She was diagnosed with neck strain and back strain, prescribed muscle relaxants and pain medication, instructed to follow up with a physician, and discharged.

She followed up with a medical doctor on July 1, 2011. She complained of pain in her back, neck, chest and head as well as soreness all over. She struggled with daily activities, including grooming, showering, household cleaning and recreational activities. Her physician diagnosed her with cervical spine sprain/strain and multiple contusions. He prescribed a course of physical therapy and instructed her to follow up in two weeks.

Per physician instructions, the plaintiff engaged in a course of physical therapy at AthletiCo Physical Therapy beginning on July 7, 2011. She had pain throughout her daily activities and was limited in her actions. As a pharmacist, our client had difficulty at work because her pain interfered with her ability to do her job. She liked to run and exercise before the collision and could not do so as a result of her injuries. She engaged in several sessions of physical therapy and was discharged on September 30, 2011.

Our client returned to her doctor on July 15, 2011. She continued to complain of pain to her neck, back, chest and head and noted that she was very stiff and achy. She was engaged in the prescribed therapy but was obtaining minimal relief. Her physician instructed her to continue physical therapy and to follow up in two weeks.
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Illinois car accident attorneys at Abels & Annes are heading to court for a teenage client who was hurt in a school bus accident. The automobile vs. school bus collision took place in the area of Oakwood Avenue and 197th Street in Lynwood, Illinois, in December of 2010 at approximately 6:43 a.m. Our client was injured when the school bus she was a passenger in was T-boned by a 2001 Ford escape.

The school bus was traveling eastbound on 197th Street approaching its intersection with Oakwood Avenue. The school bus stopped for a stop sign at the intersection and then, when it had the right of way, the school bus proceeded to make a left turn onto Oakwood Avenue. At that same time, the defendant was driving southbound on Oakwood Avenue approaching its intersection with 197th Street.

When the Ford reached the intersection, he failed to stop and/or yield the right of way, and proceeded through the intersection, striking the school bus in which our client was a passenger. The front-end of the Escape struck the front driver’s side of the school bus.

The Lynwood Police Department responded to the scene of the collision. After speaking to all the parties involved in the collision, the investigating officer placed the Ford driver at fault for the collision. The investigating officer noted that the students on the school bus confirmed the defendant’s failure to stop at the stop sign and/or yield the right of way to the school bus.

We have argued to the defendant’s insurance carrier that he failed to keep a proper lookout, failed to stop for a stop sign, failed to yield the right of way, failed to stop and/or reduce his speed to avoid a collision, and failed to exercise due care for the safety of those in the area.

The defendant’s insurance carrier is denying the claim because the defendant is claiming the bus cut over into his lane while making the turn and hit him. The problem with this argument is there is a bus full of kids saying otherwise. Essentially, the defendant has decided to waste everyone’s time with a lawsuit he won’t win. I would expect that after a period of litigation, the defense lawyers will tell the insurance carrier to be realistic and try to settle the case.

Following the collision, the teenager had an immediate onset of back pain and headaches.

That same day, she was seen at the Ingalls Memorial Hospital Emergency Department. There, she complained of back pain and headaches. A history was taken, she was examined and diagnostic tests were performed, including a CT of her head and x-rays of her lumbar spine. A physical exam revealed paraspinal tenderness of the lower and mid back. She was initially diagnosed with a closed head injury, paraspinal contusion/abrasion, and low back pain. She was prescribed pain medication, instructed to follow up with her primary care physician, and discharged.
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An Illinois trip and fall attorney at Abels & Annes are currently working on a claim for a woman who was injured from an incident that occurred on August 18, 2010. The plaintiff was a resident at a mobile home park in the northern suburbs of Cook County. At that time the park was managed by a woman who ran an office out of one of the trailers at the property.

On the date of the occurrence our client had gone to the manager’s office to inquire about a trailer issue. She ascended the steps up to the small deck outside the front door to the office and knocked on the door. When there was no response she began to descend the steps to leave.

Chicago injury lawyers at our office are alleging that as a result of the improper design, construction and maintenance of the steps, as the plaintiff began to walk down the steps she lost her footing on the uneven steps and began to stumble. As she began to stumble she attempted to grab for a handrail to steady herself. Again, due to the improper design, construction and maintenance of the handrail, it was not located where it should have been and she was unable to grab it. As a result she fell, severely injuring herself.

Shortly after the occurrence the steps were inspected by an architect. She found the steps and handrail to be in violation of several sections of the Village Building Code and the 2003 International Residential Code (IRC), which the Village follows.

1. The stair risers were not uniform. Section R311.5.3 of the IRC provides that the maximum riser height shall be 7¾ inches and that the greatest riser height within any flight of stairs shall not exceed the smallest by more than ⅜ inch. The four risers from the bottom to top are measured at 4½”, 7″, 6½” and 3″. The greatest riser height exceeds the smallest by 4″. This is far greater than the allowable maximum of ⅜”, creating a hazard to users.

2. The handrail on the outer side of the steps was far too steep for its intended purpose. Section R311.5.6.1 of the IRC provides that handrail height measured vertically from the sloped plane adjoining the tread nosing shall not be less than 34″ nor more than 38″. The handrail at issue from the bottom tread to the top landing measured at 16½”, 23″, 30″ and 39″. No portion of the rail measures within the 34″-38″ requirement, making it impossible to grasp the handrail for guidance or support.

3. The side of the stair adjacent to the trailer was completely open to the ground. Upon inspection it appeared as though a handrail had originally been built but had fallen off at some point in time and never replaced. The size of the opening is 7″, which is wide enough for a person’s foot to fall through. Section R311.5.6.2 provides that handrails for stairways must be continuous for the full length of the flight of stairs. An appropriate handrail should have been installed or reinstalled to allow a person to grasp it for support. Additionally, the existing handrail on the outside stops 4¼” short of the bottom tread’s nosing, leaving the end of the stair unprotected. This leaves a user descending the steps without support near the bottom in the event of a fall.

These violations created an extremely hazardous and unsafe environment for users of the steps.

Our client had an immediate onset of severe right leg and ankle pain. There was an obvious deformity in the area of her right ankle. She was transported by ambulance from the scene to Glenbrook Hospital’s Emergency Department.

Upon arrival at the Emergency Department a history was taken, she was examined and diagnostic tests were performed. She complained of severe right leg and ankle pain. Upon visualization there was an obvious deformity to the ankle area. She was administered morphine due to her extreme pain. X-rays revealed fractures of the right medial malleolus and of the right distal fibula, possible fracture of the posterior malleolus and the ankle mortise appeared to be disrupted.

Due to the severity of her ankle fracture it was determined that an open reduction internal fixation surgery needed to be performed immediately. The plaintiff was admitted as an inpatient to the hospital.
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Illinois pedestrian accident attorneys at our office are in the process of trying to resolve a case for a woman that was struck by a car crossing the street in a crosswalk. The claim arises out of an automobile vs. pedestrian collision which took place on September 18, 2011 at approximately 5:10 p.m. in Chicago.

The pedestrian was crossing Belmont Avenue at its intersection with Seminary. The defendant was driving westbound on Belmont, approaching Seminary. Traffic was at a stop and our client began to cross in a marked pedestrian crosswalk.

The motorist then attempted to pass a stopped vehicle even though her vision of the crosswalk was obstructed by the stopped traffic. The driver struck our client while she was within the crosswalk. The passenger side of her vehicle struck the pedestrian’s ribs and leg while the tire of the vehicle ran over her foot.

The Chicago Police Department responded to the scene of the collision. The responding officer determined the defendant was at fault for the collision and issued him a ticket for failing to exercise due care to avoid colliding with a pedestrian.

We are alleging to the at-fault driver’s auto carrier, Geico Insurance, that she failed to keep a proper lookout, failed to stop and/or reduce his speed to avoid a collision, failed to yield the right-of-way, and failed to exercise due care for the safety of those in the area.

Immediately following the accident, the injured pedestrian sought medical treatment at Illinois Masonic Hospital‘s Emergency Department. Upon arrival at the Emergency Department, a history was taken, she was examined, and diagnostic tests were performed, including x-rays of her chest, knee, and foot. She complained of pain in her ribs, left foot, and left leg and knee. On exam, she had pain on palpation of her left chest. She was diagnosed with bruised ribs, a left foot contusion and a left knee contusion. She was prescribed pain medication, instructed to follow up with a physician, and discharged.

She sought follow up medical treatment from a doctor on September 26, 2011. At that time, she continued to complain of severe rib pain and lower back pain. A history was taken and a physical exam was performed. Her physician ordered her to undergo an ultrasound of her spleen and referred her to physical therapy for her lower back pain.

She again followed up at the doctor’s on October 7, 2011. She experienced severe, sharp rib pain that morning and continued to experience the pain with deep breathing. X-rays of her chest were ordered to rule out a possible rib fracture. The x-rays were normal.

The client has not yet returned for additional treatment, but continues to have ongoing discomfort due to the negligence of the defendant. It is likely she will need additional treatment in the near future.
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Illinois motorcycle crash attorneys at Abels & Annes are currently representing the family of an accident victim who was tragically killed in a September, 2011 collision.

The motorcyclist, a wife and mother of two small children, was driving her bike eastbound on Montrose approaching its intersection with Kostner in Chicago, Illinois. At that time the defendant was driving a 2006 Jeep Grand Cherokee westbound on Montrose approaching its intersection with Kostner. There was plenty of light, the road was straight and flat and visibility was good. The driver intended to make a left hand turn at the intersection to proceed southbound on Kostner. Both vehicles entered the intersection on a green light and the defendant proceeded to make a left turn into the motorcyclist’s lane of travel when it was not safe to do so.

After the crash, the at fault driver told the investigating Chicago police officers that he did not see a motorcycle rider until the last moment prior to the collision. The driver of the Jeep was issued traffic citations for failing to yield when making a left turn and for failing to reduce speed to avoid a collision.

Police interviewed an independent witness who was eastbound on Montrose waiting to make a left turn to go northbound on Kostner. He saw the defendant approaching westbound and initiated a left turn without yielding to oncoming traffic. He stated the driver of the Jeep started his left turn before reaching the actual intersection. To his right the witness saw a motorcycle pass by traveling with the flow of traffic and not speeding. He then observed the motorcyclist have to lay the bike down in an attempt to avoid the collision and strike the passenger side of the left turning SUV.

The defendant failed to keep a proper lookout, failed to yield to oncoming traffic when making a left turn, was driving at an excessive rate of speed, failed to reduce speed to avoid a collision, and failed to exercise due care for the safety of those in the area, including the plaintiff. Based upon the facts and circumstances surrounding the occurrence at issue, it is clear that the sole proximate cause of the collision was the negligent conduct of the SUV driver.

Following the crash it was obvious that the motorcyclist had suffered severe, life threatening injuries. She was rushed to Advocate Illinois Masonic Medical Center’s Emergency Department. While extraordinary efforts were made to save her life, they were ultimately unsuccessful. She had suffered severe head injuries, a severed spine, a lacerated liver and other injuries. She was pronounced dead later that day.

A postmortem examination was performed shortly after the accident. The medical examiner found that the victim had died as a result of multiple injuries suffered in the collision at issue.

This case demonstrates the importance of following the rules of the road and paying attention while you drive. Here, the simple act of a left turn had tragic consequences. In my experience as a Chicago accident lawyer, too often drivers keep a proper lookout for other automobiles, but then fail to care for the safety of more vulnerable users of the roadway, such as motorcyclists, bicyclists and pedestrians.
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Illinois injury lawyers at Abels & Annes are hard at work on a car crash claim for a local resident. The case arises out of a collision which took place on August 23, 2011 at approximately 9:07 a.m. The plaintiff was injured when the automobile she was riding in was involved in a collision with an uninsured motor vehicle.

Our client was driving her 2008 Scion westbound on Ferdinand, approaching its intersection with Pulaski in Chicago, Illinois. At that time a driver in a 1997 Buick LeSabre was being pursued by police officers at a high rate of speed. The uninsured driver was traveling northbound on Pulaski and turned abruptly eastbound on Ferdinand. The Buick crossed the center line and hit the client head-on at a very high speed.

Our client was thrown backward and forward in her seat and hit her face on the airbag. The entire incident was witnessed by a Chicago Police Officer who was responding to the high-speed chase. The responding officer determined the uninsured driver caused the collision by operating her vehicle in an erratic, reckless, careless, negligent or aggressive condition.

The uninsured driver failed to keep a proper lookout, failed to stop and/or reduce her speed to avoid a collision, traveled eastbound in a lane marked only for westbound traffic, drove in an erratic and reckless manner, and failed to exercise due care for the safety of those in the area, including the plaintiff.

This accident is just another example of why it is so important to carry auto insurance with uninsured motorist coverage. There is an ongoing and alarming trend of motorists in Illinois driving without insurance. We see more and more of these accidents at our office.

Following the collision, the client had an immediate onset of pain. She was transported from the scene of the collision by ambulance to West Suburban Hospital in Oak Park, Illinois. Upon arrival at the Emergency Department, a history was taken, she was examined, and diagnostic tests were performed. She complained of a severe headache and pain to her right wrist. On exam, she had a burn to her right forearm and a head injury. She underwent a head CT scan which revealed no acute intracranial abnormalities. She was prescribed pain medication and instructed to seek follow up treatment from a doctor.

Due to ongoing and increasing pain, the plaintiff sought follow up treatment with a medical doctor on September 1, 2011. At that time, she complained of constant, sharp pain along her neck as well as sharp lumbar pain that radiated to both of her legs. She has lupus and had some difficulty walking before the collision but the pain in her lower back made walking significantly more difficult, and at times, impossible without the assistance of a cane or walker. A history was taken and she was examined. She had pain in her paracervical muscles in her neck as well as lower back and muscle spasms. The physician diagnosed her with a sprain and strain of the cervical and lumbar spines. He ordered x-rays of her cervical and lumbar spines and instructed her to begin a course of physical therapy.
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