In October of 2011, Dwayne Schwartz side-swiped Susan Christ while he was trying to pass a stopped bus; Schwartz was travelling approximately ten miles per hour. After the accident, both drivers moved their cars to the side of the rode and at that time Mrs. Christ got out of her car and began running up and down the street looking for witnesses. The police were called to the accident scene and when they attempted to talk to Mr. Schwartz, Ms. Christ continuously interrupted them, stepping in between Mr. Schwartz and the police. It was not until Ms. Christ’s husband, Jon Christ, arrived that Ms. Christ began to complain of pain in her shoulder, neck and back. Mr. Christ offered to drive Ms. Christ home, but she refused and drove herself home.
The day after the accident, Ms. Christ went to her family physician, Dr. Gregory Babikian, complaining of neck and back pain. She was prescribed muscle relaxers and physical therapy. Ignoring the recommendation of her doctor, Ms. Christ began to see a massage therapist instead. It was not until January of 2012 that Ms. Christ finally went to physical therapy. While, Ms. Christ saw some improvement, a year after the accident she was still complaining of neck pain. In June of 2012, Ms. Christ began seeing a new physician, Dr. Fahime Lessani, complaining of ongoing pain and reduced range of motion. Dr. Lessani ordered x-rays and an MRI, which showed no injury or abnormalities. Ms. Christ was referred to a rheumatologist; she only went once. Dr. Lessani prescribed more physical therapy.
Between October and August of 2013, Ms. Christ received no treatment with concern to pain and injuries from the October 2011 accident. However, in August 2013, Ms. Christ filed a lawsuit against Mr. Schwartz for negligence and Mr. Christ, in the same suit, claimed a loss of consortium. Also, in August 2013, Ms. Christ began seeing a new rheumatologist, Dr. Frank Kozin. She told Dr. Kozin in the two years since the accident, she had experienced constant pain in her neck and upper back. Dr. Kozin diagnosed her with residuals of whiplash injury that was going to be a permanent process.