On Sept. 23, 2018, at approximately 2:40 a.m., plaintiff Vladimir Diaz, 36, a legislative aide, was driving on Route 4 in Paramus, when the rear of his vehicle was violently struck by the front of a vehicle driven by Herbert Reynoso. The impact pushed Diaz's vehicle off the road and into a utility pole. He suffered brain injuries.

Prior to the accident, Reynoso had consumed alcohol at El Tango Argentina Grill in Englewood, where he was subsequently stopped by Englewood Police Officers Anthony Gallo and Lothairs Porter.