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Court of Appeals Sings Plaintiff’s Tune, Echoes Short Baseline for Pre-Existing Condition

Motor Vehicle Litigation / March 11, 2019

This case illustrates the Court of Appeals’ reluctance to dismiss a plaintiff’s case due to pre√¢‚Ǩ‚Äòexisting conditions and endorses a finding of a question of fact so long as a plaintiff offers medical testimony and records indicating an exacerbation of a previous condition or a new injury.

Courts may look to as little as two months prior to the accident to establish a baseline for a plaintiff’s pre-accident condition.

Medical testimony and records supporting exacerbation of a plaintiff’s pre-existing condition is sufficient to create a question of fact with regard to causation and objectively manifested impairment.

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