First Department Update – Fracture

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.


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