FILES v. KEN GOEWEY DODGE, INC.


33 A.D.3d 1109 (2006)

822 N.Y.S.2d 663

DAVID P. FILES, Appellant, v. KEN GOEWEY DODGE, INC., Doing Business as TEAM GOEWEY DODGE, Respondent.

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

Decided October 19, 2006.


Rose, J.

In this personal injury action arising out of a motor vehicle accident, plaintiff alleged that he sustained a serious injury within the meaning of Insurance Law § 5102 (d) because the accident so aggravated a preexisting degenerative condition of his cervical spine that he ultimately required spinal fusion surgery. At trial, the parties presented conflicting expert medical evidence as to whether the spinal surgery was causally related to the accident...

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