The plaintiff's mother, Ms. M. N., stated in her affidavit that she learned of the accident a few days after Independence Day, when the plaintiff called her several times on Friday morning, contrary to their custom of correspondence via WhatsApp. The plaintiff cried and had difficulty speaking, and stated that she had been suffering from back pain for a day or two, which suddenly worsened to the point that she was unable to get out of bed. The mother hurried to the plaintiff's house, who had difficulty and very slowly descending the stairs and had difficulty getting into the car. She drove the plaintiff to an emergency center, parked at the entrance and helped the plaintiff in because she had difficulty walking. At the emergency center, the plaintiff received injections and additional painkillers.
The plaintiff's mother testified that when they arrived at the emergency center, the plaintiff could barely get out of the car and needed assistance, so she parked at the entrance, helped the plaintiff get inside and remained by her side throughout the treatment.
- The discharge letter from the emergency medical center on April 27, 2018 reads: "Upper back pain and radiation to the left leg for about three days after massage." It was also noted that the physical examination was normal, and the pain intensity estimate was 10. The plaintiff was referred for an X-ray of the lumbar spine, with no rough findings, received an injection into the muscle and was discharged for further treatment with painkillers and orthopedic follow-up in the community.
- Due to the fact that the incident of the motorcycle ride and the jump that caused the injury is not mentioned at all in the medical documentation from the emergency center, the defendants claim that the alleged accident did not occur, and that the fact that it was noted that the plaintiff was suffering from pain "after a massage" indicates that this was the reason for the plaintiff's complaints and not the ride on the cattle crossing.
The plaintiff claims that during her visit to the emergency center, she suffered severe pain and was unable to walk, and therefore she gave the doctor the details to the best of her ability and did not deal with the content of the record. During her interrogation, the plaintiff was confronted with the content of the medical documentation and with the fact that it describes a complaint of pain in the upper back for three days after a massage, and there is no mention of riding a motorcycle on a cattle crossing. The plaintiff replied that she had given the details when she was in severe distress [Prov. at pp. 21-22]: