Warren Holland won a jury trial in Nassau County in a lawsuit where the plaintiff alleged serious injuries from a rear-end motor vehicle accident. Following the accident, the plaintiff treated for approximately one year at various medical facilities and underwent carpal tunnel release surgery and right ulnar nerve transposition surgery. Additionally, the plaintiff claimed that a supraspinatus tear of the right shoulder, neuropathy, radiculopathy, and several cervical disc herniations were caused by the accident. In support of her claims, the plaintiff offered testimony of an orthopedic surgeon, who evaluated her four years post-accident and opined that the plaintiff’s surgeries were only a ‘limited success’ and that she suffered permanent injury as a result of the motor vehicle accident.
Further, the plaintiff testified that she was able to perform all of her activities of daily living and she was not experiencing pain or discomfort prior to the motor vehicle accident. However, during cross examination she was impeached by her own prior medical records indicating that she experienced the same pain levels only days prior to the accident in the same areas of her body that she claimed injured from the accident at issue. On cross examination of the plaintiff’s expert, Mr. Holland elicited testimony confirming that plaintiff’s medical history was not reviewed in its entirety by the orthopedic surgeon and his opinions were based on limited knowledge and information.
On behalf of his client, Mr. Holland offered the testimony of a radiologist who conducted independent reviews of MRIs that were taken of the plaintiff. Defendant’s expert opined that plaintiff’s injuries were degenerative with no evidence of acute injury that could be attributed to the accident at issue.
After short deliberation, the jury found that the plaintiff’s alleged injuries were not attributable to the accident at issue. The Court, therefore, entered a defense verdict.
