Thursday, March 28, 2024

Where Defense Medical Expert Does Not Concede Injury, Causation Remains In Dispute

In the case of Dang v. Geico Secure Ins. Co., No. 23-2311 (E.D. Pa. March 14, 2024 Hey, Mag.J.), the court denied a Motion In Limine in an uninsured motorist benefits case.  The Plaintiff sought a ruling from the Court that the subject accident was a factual cause of the Plaintiff's alleged injuries based upon the expert reports submitted by the parties. 

In so ruling, the court held that, where both parties’ experts agree that the Plaintiff has suffered some form of an injury from the Defendant’s conduct, a jury cannot find a total lack of causation. However, this rule does not apply where no injury is conceded by the defense expert.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's companion Order can be viewed HERE.

I send thanks to Attorney James Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.

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