Why was my personal injury case dismissed by the judge ?
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark.
Role v. Thaker, N.J. Super. App. Div. Decided March 18, 2019. In this personal injury matter plaintiff’s case was dismissed by the court when plaintiff failed to produce cop and incredible medical evidence to support his claim that his knee injuries were caused only related to the car crash. Plaintiff argued that he was struck by defendant’s vehicle while riding his bicycle and sustained permanent injuries. Plaintiff received medical treatment after the accident but none of his medical providers stated within a reasonable degree of medical certainty By way of competent credible medical evidence that his injuries were permanent as well as causally related to the crash. Plaintiff provided no expert report regarding causation connecting the crash with the injuries, and as a result the trial court granted summary judgment.
On appeal plaintiff argued that the trial court deprived him of his constitutional rights by not permitting him to introduce MRI reports of his knee and shoulder and the report from a doctor regarding the injuries to his neck. Plaintiff claimed that those documents were conclusive and substantial evidence that he suffered permanent injuries. The court disagreed and affirmed. The court reasoned that expert testimony was required to prove causation and because no medical expert opined as to causation, the court properly granted summary judgment.
Jeffrey S. Hark, Esq.
Leave a Comment