Plaintiff, a 38 year old female was involved in a motor vehicle accident in Suffolk County. Plaintiff underwent surgery consisting of a mini-open retro-peritoneal exposure of the lumbar spine with an anterior lumbar interbody decompression and fusion; partial vertebral corpectomy and a lumbar implant L5-S1. Defendant argued that the impact and damage to the motor vehicle was not significant and that plaintiff had a prior accident resulting in her undergoing MRI’s evidencing significant lumbar injuries.