NY Court Nixes Man’s Back Injury Claim

     (CN) – A New York man can’t claim that a car crash caused his back injury, because he wasn’t able to prove that the damage wasn’t caused by a previous injury, a state appellate division ruled. Adam Gentillela sued the Wantagh School Board for damages stemming from a 2005 accident.

     The school board’s expert produced an MRI from shortly after Gentillela’s previous accident in 2001 that showed that he had suffered spinal damage.
     The trial court ruled in the school board’s favor, and the appellate judges agreed that Gentillela’s expert did not demonstrate that the plaintiff had suffered an injury specific to the 2005 accident.
     “While Dr. Hausknecht acknowledges the existence of the earlier accident and the plaintiff’s prior chiropractic treatment,” the judges wrote, “he never indicated that he reviewed any of the plaintiff’s medical records from the earlier accident and merely took the plaintiff’s word for the fact that he had recovered.”

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