Plaintiff, a former professional baseball player, was involved in a car accident where the defendant admittedly made a left turn into plaintiff’s car causing the accident. As a result of an accident, plaintiff claimed to have sustained two tears in his right shoulder that were treated with several injections as well as extensive debridement surgery. Plaintiff, who was only fifty years old, continues to complain of an inability to utilize his right shoulder in any capacity, which affected all of his daily activities. Plaintiff’s expert physicians testified that plaintiff’s had a permanent injury to his shoulder and confirmed his limitations.
Ms. Neiger’s argument argued that plaintiff had pre-existing injuries that were not aggravated in the accident, but instead the cause of the plaintiff’s ongoing problems and limitations. Ultimately, the jury agreed that the Plaintiff’s injuries were not casually related to the accident at issue and entered a verdict in favor of the defendant.