Key Takeaway
Court ruling shows how plaintiffs can overcome preexisting condition defenses in personal injury cases by proving conditions were asymptomatic before the accident.
Overcoming Preexisting Condition Defenses in Personal Injury Cases
When defendants claim that a plaintiff’s injuries stem from preexisting medical conditions rather than the accident in question, the legal landscape becomes more complex. In personal injury litigation, establishing causation is crucial—plaintiffs must demonstrate that their current symptoms and limitations directly result from the defendant’s negligent actions, not from underlying health issues that existed before the incident.
The challenge becomes particularly acute when dealing with degenerative conditions or genetic disorders that may have been present but dormant prior to an accident. Defense attorneys frequently argue that any documented preexisting conditions broke the chain of causation, absolving their clients of liability. However, as the Goodwin v Walter case demonstrates, plaintiffs can successfully counter these defenses with proper medical evidence and expert testimony.
This case illustrates the strategic importance of thorough medical documentation in personal injury cases, especially when preexisting conditions are involved.
Jason Tenenbaum’s Analysis:
Goodwin v Walter, 2018 NY Slip Op 06643 (4th Dept. 2018)
“We further conclude, however, that defendant submitted evidence establishing that plaintiff’s injuries were caused by a preexisting condition, i.e., ankylosing spondylitis, a genetic condition. Thus, “plaintiff had the burden to come forward with evidence addressing defendant’s claimed lack of causation” (Pommells v Perez, 4 NY3d 566, 580 ). Plaintiff raised a question of fact by submitting the affidavit of her treating chiropractor and the affirmation of her primary care physician. Plaintiff’s primary care physician asserted that plaintiff’s preexisting condition was “asymptomatic” prior to the accident, and both the primary care physician and the treating chiropractor asserted that, after the accident, plaintiff had a quantified limited range of motion in, inter alia, her neck (see Terwilliger v Knickerbocker, 81 AD3d 1350, 1351 ).”
Key Takeaway
The key to overcoming preexisting condition defenses lies in demonstrating that the condition was asymptomatic before the accident and became symptomatic afterward. Medical professionals must provide clear documentation showing measurable changes in the plaintiff’s condition, such as quantified limitations in range of motion, that can be directly attributed to the traumatic event rather than the natural progression of the preexisting condition.
