Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

McDUFFIE v. RODRIGUEZ

Appellate Division of the Supreme Court of New York, First Department.
Apr 27, 2010
Important Paras
Please sign up to view Important Paras.

Defendants met their prima facie burden of establishing that plaintiff did not sustain a serious injury by submitting the affirmed reports of experts who, after examining plaintiff and reviewing her medical records and MRI studies, found a lack of causation between her complaint of right knee pain and the subsequent arthroscopic surgical repair and the accident, and instead attributed plaintiff's condition to preexisting degenerative osteoarthritis ( see Jean v Kabaya, 63 AD3d 509). In opposition, plaintiff raised a triable issue of fact, as her treating physician noted acute injuries related to the automobile accident as well as degenerative changes. Defendants' remaining arguments need not be addressed.