Key Takeaway
Court ruling shows how plaintiffs can prove degenerative spine conditions became actionable injuries after car accidents, even with pre-existing asymptomatic degeneration.
Motor vehicle accidents often involve complex questions about pre-existing conditions, particularly when it comes to degenerative spine issues. Many accident victims have underlying degenerative changes in their spine that were completely asymptomatic before their collision. The challenge in personal injury cases is proving that the accident caused these previously silent conditions to become painful and limiting.
The Armella v Olson decision provides valuable insight into how courts evaluate these situations. This case demonstrates the critical importance of proper medical documentation and expert testimony in establishing that an accident was the substantial factor in transforming an asymptomatic degenerative condition into a compensable injury. Understanding what constitutes objective signs of continuing disability becomes essential in these cases, as medical evidence must clearly differentiate between pre-accident and post-accident symptoms.
Jason Tenenbaum’s Analysis:
Armella v Olson, 2015 NY Slip Op 09467 (App. Term 2d Dept. 2015)
“Plaintiff submitted the affidavit of his treating physician, who reviewed plaintiff’s cervical MRI and opined that plaintiff sustained a cervical whiplash superimposed on a degenerative cervical spine and at least two levels of cervical herniations. His physical examination of plaintiff revealed muscle spasms, which constitute objective evidence of injury (see id. at 1544), and plaintiff’s range of motion was limited to a moderate or marked degree. He opined that, given plaintiff’s absence of any prior neck pain, stiffness, or radiculopathy prior to the accident, the accident was a substantial factor in causing previously asymptomatic degenerative conditions in plaintiff’s spine to become symptomatic, and in causing plaintiff’s neck pain, stiffness, spasms, and restricted range of motion. “It is well settled that the aggravation of an asymptomatic condition can constitute a serious injury”
This is a great case for learning on the PI side how a plaintiff can prove a denegerative injury is actionable.
Key Takeaway
The Armella decision reinforces that accident victims can recover damages even when they have pre-existing degenerative spine conditions, provided they can prove the accident made previously asymptomatic conditions symptomatic. Success requires comprehensive medical documentation showing the absence of pre-accident symptoms and objective evidence of post-accident injury, such as muscle spasms and restricted range of motion.
