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NJ App. Div. -- Your Medical Expert Better Be Consistent.

March 16, 2010

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In <i>Growney v. Glassman</i>, plaintiff appealed from summary judgment and a denial of reconsideration based on plaintiff's failure to satisfy the verbal threshold. Plaintiff's medical expert changed his mind concerning the permanency of plaintiff's injuries after summary judgment was granted , citing an examining physician's note that "there appears to be a mildly displaced fracture in the sacrum". The Appellate Division held that the note fell short of the standard for admissable testimony, which must be based on reasonable medical certainty or probability. Further, since the information was available before summary judgment was decided, it failed to provide an appropriate basis for reconsideration.
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