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Appellate Division Affirms Summary Judgment Dismissing Damages Claim

Posted on December 16, 2019 by Harry D. McEnroe

After oral argument, the Appellate Division affirmed the dismissal of a damages claim based upon the plaintiff's failure to either establish proximate causation or apportion damages.  The court agreed with our analysis that plaintiff's medical expert report constituted a net opinion "that would cause the jury to speculate on the alleged permanency of plaintiff's injuries and causation."  This consolidated case arose out of two motor vehicle accidents occurring four months apart.  Plaintiff allegedly sustained similar injuries in each accident and our investigation revealed multiple prior injuries before either accident.  The Appellate Division found that plaintiff's medical expert did not provide a suitable comparative analysis of her related physical problems which predated either accident.  White v. Ramirez, 2019 WL 6837766 (N.J. App. Div. Dec. 16, 2019).  

Posted in Auto/Commercial Trucking

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