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Bronx Jury Dismisses Case Based on
No Fault Threshold
RKT Attorney John Komar obtained a defense verdict from a Bronx jury in a case involving a two car collision at an intersection where both drivers claimed the other driver ran the red light. In Calvin v. David, Bronx Civil Court Index Number 300164/06 the plaintiff, a passenger in the other vehicle, claimed to have sustained multiple cervical disc herniations which required a discectomy with fusion at C5-C6. John’s defense was that the plaintiff suffered from long standing degenerative disc disease and that she had a similar neck injury from a prior accident. The plaintiff denied sustaining an injury to her neck in the prior accident. John used the cervical MRI films taken after the prior accident to show that cervical disc herniations were long standing and present at that time. John also used a biomechanical engineer who after conducting a complete crash analysis concluded that the collision in the intersection did not create physical forces which could have caused the necessary mechanics for a passenger to sustain a herniated cervical disc. In summation, plaintiff’s counsel asked the jury to award $1.5 Million Dollars. After deliberating for forty five minutes, the jury accepted John’s arguments and determined that the plaintiff had not sustained a “serious injury” under the No-Fault law which was causally related to the accident. They, thus, dismissed the case. |
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