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Causation speculative after trial; 4404(a) motion granted and $200,000 jury verdict vacated
5102(d) issues

Causation speculative after trial; 4404(a) motion granted and $200,000 jury verdict vacated

By Jason Tenenbaum 3 min read

Key Takeaway

McDonald v Kohanfars: speculative causation after a jury verdict, corrected spinal-level chronology, and the CPLR 4404(a) ruling.

This article is part of our ongoing 5102(d) issues coverage, with 129 published articles analyzing 5102(d) issues issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.

McDonald v Kohanfars reached the causation issue after a jury verdict. The appellate court found the medical connection too speculative to support that verdict.

Last reviewed: September 2026.

Legal Update (September 2026): Laws of 2026, chapter 58, Part EE sections 1 and 4 removed the 90/180-day serious-injury category for actions and proceedings commenced on or after May 26, 2026; the ruling below applied the earlier statute.

The post-trial ruling

In McDonald v Kohanfars, 106 AD3d 1058 (2d Dept 2013), decided May 29, 2013, the Second Department granted the defense branch seeking to set aside the damages verdict and obtain judgment as a matter of law on serious injury. The plaintiff had already won the liability trial. The medical connection still had to be proved.

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The surgeon began treating her nearly three years after the collision. He reviewed the earlier operative report but not the treatment records associated with the earlier injury and surgery. In light of the documented prior condition, the court found his causal opinion speculative even when it viewed the evidence favorably to the plaintiff.

CPLR 4404(a) permits judgment as a matter of law as well as, on different grounds, a new trial. Here the court found no rational evidentiary path to the jury’s causal conclusion, even on the plaintiff-favorable view required for that motion.

Corrections to the original shorthand

The opinion records an injury in 1992 and surgery in 1996, not two accidents in those years. The 1996 fusion was at C5–6. The 2005 CT showed degeneration at C4–5 and C6–7, and the 2008 operation addressed C4–5. The quoted repeat-surgery estimate was 5–15%, not 10–15%. Jason’s original list below contains those discrepancies and is retained as dated commentary.

His closing no-fault question is a question, not a holding. A claim for first-party benefits under Insurance Law 5102(b) has a different framework from this tort trial; its outcome cannot be inferred from McDonald.

Jason’s original comment

Jason’s original 2013 shorthand and closing question follow. The corrected chronology, spinal levels and testimony estimate are set out above; the original list is not a corrected medical history. The no-fault comparison was not decided in McDonald.

Here is the summary:

(1) Prior accidents in 1992, 1996

(2) C-5,C-6 fusion in 1996

(3) 2005 motor vehicle accident

(4) CT Scan in 2005 shows degeneration at C-5,C-6 – no traumatic findings

(5) C-5, C-6 spinal fusion again in 2008

(6) Doctor testifies that there is a 10-15% chance that those with a prior spinal fusion will need another fusion even if there is no subsequent MVA.  (Good question on cross)

(7) States within a reasonable degree of medical certainty that C-5, C-6  fusion was causally related to the 2005  motor vehicle accident.

Court holds that causation is speculative and reverses the $200,000 damages award.

Would the result of on a no-fault case where the carrier bears the burden to show that the injuries were not causally related have differed from this personal injury case, where the plaintiff has to show prima facie causation?  I do not know the answer.

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See the pre-existing injury and causation encyclopedia hub for the topic’s case directory and statutory update.

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Legal Context

Why This Matters for Your Case

New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.

Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.

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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.

New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.

If you need legal help with a 5102(d) issues matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.

Jason Tenenbaum, Personal Injury Attorney serving Long Island, Nassau County and Suffolk County

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Jason Tenenbaum, Esq.

Jason Tenenbaum is a personal injury attorney serving Long Island, Nassau & Suffolk Counties, and New York City. Admitted to practice in NY, NJ, FL, TX, GA, MI, and Federal courts, Jason is one of the few attorneys who writes his own appeals and tries his own cases. Since 2002, he has authored over 2,353 articles on no-fault insurance law, personal injury, and employment law — a resource other attorneys rely on to stay current on New York appellate decisions.

Education
Syracuse University College of Law
Experience
24+ Years
Articles
2,353+ Published
Licensed In
7 States + Federal

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