Franklin v. Gareyua

Gische and Kapnick, JJ.,

dissent in a memorandum by Gische, J., as follows: I agree with the majority that it was incumbent upon plaintiff to address the issue of causation in opposition to defendants’ motion. However, I dissent with respect to the majority’s conclusion that plaintiff did not provide sufficient evidence to raise a question of fact as to whether the injuries were the product of a degenerative condition or causally related to the accident.

Plaintiff alleged injuries to his left shoulder following a rear-end collision in which defendants’ automobile struck his vehicle while he was…