Minor impact and expert report sufficient to prove lack of causation

Frank v Gengler, 2017 NY Slip Op 04423 (2d Dept. 2017)

“Here, the Supreme Court erred in determining that the jury verdict in favor of the defendant was not supported by legally sufficient evidence. The evidence presented at trial included photographic evidence and witness testimony indicating the relatively minor nature of the motor vehicle accident, and expert testimony presented by the defendant indicating that the plaintiff’s alleged injuries were solely the result of degenerative processes and were not caused by traumatic injury. Contrary to the court’s conclusion, on the basis of the evidence presented at trial, there was a valid line of reasoning by which the jury could conclude that the motor vehicle accident was not a substantial factor in causing the injuries allegedly sustained by the plaintiff (see Wilson v Philie, 107 AD3d 700, 701; Rubino v Scherrer, 68 AD3d 1090, 1092; cf. Jilani v Palmer, 83 AD3d 786, 787; see generally Imbrey v Prudential Ins. Co., 286 NY 434, 440). Accordingly, the court, upon reargument, should have adhered to its prior denial of that branch of the plaintiff’ motion which was pursuant to CPLR 4404(a) to set aside the jury verdict in favor of the defendant and for judgment as a matter of law.”

Personally, I think this case has huge repercussions.  Never have I seen a court lay out such a simple road-map for getting to a determination of lack of causation between the accident and injury.  It is the same thought process, regardless of whether we are litigating first-party lack of causation of third-party causation,

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