Causal relationshipJuly 24, 2019
Mnatcakanova v Elliot, 2019 NY Slip Op 05772 (2d Dept. 2019)
” In opposition, the plaintiff failed to raise a triable issue of fact. Although the plaintiff submitted, inter alia, an affirmed medical report in which her expert opined that her injuries were causally connected to the accident, the evidence submitted by the plaintiff failed to address the findings of the moving defendants’ expert that the injuries to her spine and knee were degenerative in nature”
I always wonder what it is that causes the Court to go down this road. A review of the e-filed docs shows that it was the Emergency Medicine expert and the ortho expert who disputed causality.