First Department Update

In Liz v. Munoz, 2017 NY Slip Op. 03136 (1st Dept. 2017) the plaintiff raised an issue of fact on the question of causation by submitting the affirmed report of her orthopedic surgeon, who “observed a type I SLAP tear during arthroscopic surgery, measured limitations in range of motion both before surgery and over two years later, and provided a sufficient opinion that there was a causal relationship to the accident based on the plaintiff’s history, his own treatment of plaintiff, his review of the MRI report, and observations during surgery.” … More First Department Update

First Department Update – Fracture

In Frias v. Gonzalez-Vargas, 147 AD3d 500 (1st Dept. 2017) the plaintiff raised triable issues of fact under the fracture category

by submitting the affirmed report of her radiologist, who took a second X ray a month after the accident, this one including multiple views, which revealed two fractured ribs on the right side. Although the initial X ray had not revealed those fractures, the emergency room records show that plaintiff complained of right-side rib pain days after the accident, and plaintiff’s treating doctor diagnosed rib fracture or contusions caused by the accident. The record thus presents a factual issue as to whether the fractures were causally related to the accident. … More First Department Update – Fracture