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Fourth Department — Motor Vehicle Accident: Applebee v. Bec

Appellate Division, Fourth Department

Motor Vehicle Accident

Serious Injury — Preexisting Condition

Applebee v. Bec
CA 13-01820
Appealed from Supreme Court, Onondaga County

Background: The plaintiff commenced an action for damages resulting from a motor vehicle accident. The defendant appealed from the dismissal of its motion for summary judgment arguing that the plaintiff suffered from a preexisting condition.

Ruling: The Appellate Division reversed. The court held that the treating physician opined that her injuries were not causally related to the accident but instead were the result of the plaintiff’s degenerative disc disease. Further, the Appellate Division held that the existence of herniated or bulging discs, without additional objective medical evidence establishing significant physical limitations, is not sufficient to establish a serious injury.

Karen Krogman of Smith, Sovik, Kendrick & Sugnet for the defendant-appellant; April J. Orlowski of William Mattar