ANDERSON v. PERSELL


272 A.D.2d 733 (2000)

708 N.Y.S.2d 499

ELIZABETH ANDERSON et al., Respondents, v. DAVID PERSELL, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided May 18, 2000.


Rose, J.

Plaintiff Elizabeth Anderson (hereinafter plaintiff) allegedly sustained injuries to her neck, left shoulder and left elbow when the vehicle she was driving was rear-ended by a vehicle driven by defendant. Although plaintiff became aware of pain in her left shoulder shortly after the accident, approximately one month passed before she consulted her personal physician. Subsequently, a neurologist concluded that plaintiff had sustained a cervical disc herniation...

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