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Category: Causation

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Collateral Estoppel?

Rojas v Romanoff, 2020 NY Slip Op 04237 (1st Dept. 2020) Collateral estoppel in the First Department to non-suit (1) “In the declaratory judgment action, Nationwide

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Lack of causation

Parisien v Allstate Ins. Co., 2019 NY Slip Op 51249(U)(App. Term 2d Dept. 2019) ” In support of its motion, defendant submitted the transcript of the

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Causal relationship

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

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Causation

Black v Gordon, 2019 NY Slip Op 04032 (1st Dept. 2019) “The chiropractor acknowledged that the MRI film showed preexisting degenerative conditions, and therefore he was

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Pre-existing injuries insufficient

Dixon v Kone, 2019 NY Slip Op 02041 (1st Dept, 2019) ” Defendants submitted, among other things, plaintiff’s deposition testimony, acknowledging that he previously had fusion

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Junk science?

Imran v R. Barany Monuments, Inc., 2018 NY Slip Op 08921 (2d Dept. 2018) (1) “On June 5, 2015, the matter proceeded to a jury trial

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Causation on a degeneration

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

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There was no accident

Pavlova v Allstate Ins. Co., 2018 NY Slip Op 51061(U)(App. Term 2d Dept. 2018) “In support of its motion, defendant submitted the transcript of the examination under

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Proof of causation

Hernandez v Marcano, 2018 NY Slip Op 03816 (1st Dept. 2018) However, in any event, defendants Marcano and Crescent Cab Corp.’s expert found full range of motion

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Out of scope – out of mind

Galluccio v Grossman, 2018 NY Slip Op 03664 (2d Dept. 2018) “In opposition, the affirmation of the plaintiffs’ expert failed to raise a triable issue of fact.

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