The plaintiff was injured in a rear-end motor vehicle accident. The defendant argued that the plaintiff had cut him off and was responsible for the accident. The defendant also disputed the magnitude of the plaintiff’s injuries. The Court found that the defendant was responsible for the accident as the plaintiff was established in the lane before being hit by the defendant. The defendant simply failed to see what he ought to have seen: the plaintiff’s vehicle. The plaintiff’s evidence that he had suffered soft tissue injuries to his shoulder, neck and back was accepted. Damages of just under $50,000 were awarded, including $42,500 for pain and suffering.