Precluding Medical Bills Nullifies Suit
The plaintiff was stopped behind a school bus when she felt a “light” rear-end impact by the defendant’s vehicle. Unbeknownst to the parties, the defendant’s front bumper had lodged underneath plaintiff’s rear bumper. When the plaintiff moved her vehicle forward, the defendant’s vehicle was dragged with it, causing a second rear-end impact. The plaintiff claimed a brief loss of consciousness as a result of impact, as well as neck and back injuries. She was treated at a hospital, where diagnostic testing was negative. The plaintiff also sought treatment from her primary care physician and a chiropractor.
At her deposition, the plaintiff testified that she was reliving the accident repeatedly and seeing a psychiatrist. We filed a motion to preclude medical records and bills on the theory that a portion of the medical records and bills stemmed from treatment unrelated to the subject accident. The court granted the motion in part, excluding a portion of the records and bills and reducing the total amount of the relevant medical bills to below $2,000. The defendant then moved to dismiss the case on the grounds that the plaintiff now failed to reach the tort threshold. The court allowed the motion and dismissed the case.
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