The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car versus bus accident lawsuit and its proceedings.)
Dr. Stanley Lee met with the plaintiff on April 13, 2009. The defense concedes that plaintiff fractured her right ankle during the accident sequence. The defense also concedes that the surgery performed on her right knee on February 2, 2006 relates to the accident as well. However, we do not concede that the left knee surgery on October 9, 2009, has any relation to the vehicular accident.
Dr. Lee had an opportunity to meet with the plaintiff prior to her left knee surgery. In his report of April 13, 2009, he concluded that the records do not support a significant injury to her left knee and surgical intervention on her left knee was not indicated, in his opinion. Nonetheless, the surgery was performed six months later. Dr. Lee did not find medical evidence to support that she sustained an injury to her left leg during the accident sequence. As it turns out, plaintiff was having problems with her left knee (and with her right knee as well) prior to this accident, and Dr. Lee believes that the surgery of October 9, 2009 more relates to a trip and fall that the plaintiff sustained years ago rather than to the vehicular accident.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.