Legal Opinion
Anderson v. Zapata
Appellate Division of the Supreme Court of the State of New York
Decided October 13, 2011PublishedCited by 5 opinions
1Opinion of the Court
Defendant’s orthopedist found no limitations of motion regarding plaintiff Rebecca Anderson. Although defendant’s neurologist found that she had limitations in 2010, there is no objective evidence to support a cervical injury (see Toure v Avis Rent A Car Sys., 98 NY2d 345, 353 [2002]). Any alleged injuries to her knees were shown to be the result of a preexisting degenerative condition, which was confirmed, rather than refuted, by her radiologist (see Valentin v Pomilla, 59 AD3d 184 [2009]). Moreover, the failure to perform any range of motion testing contemporaneous with the accident eight…
2Cases cited5 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Valentin v.Appellate Division of the Supreme Court of the State of New York · 2009
- DeJesus v. PaulinoAppellate Division of the Supreme Court of the State of New York · 2009
- Feliz v. FragosaAppellate Division of the Supreme Court of the State of New York · 2011
- Batts v. Medical Express Ambulance Corp.Appellate Division of the Supreme Court of the State of New York · 2008
3Cited by5 opinions
- Rosa v. MejiaAppellate Division of the Supreme Court of the State of New York · 2012
- Brand v. EvangelistaAppellate Division of the Supreme Court of the State of New York · 2013
- Gibbs v. ReidAppellate Division of the Supreme Court of the State of New York · 2012
- Brand v. EvangelistaAppellate Division of the Supreme Court of the State of New York · 2013
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