Kristen Carroll (Partner-New York, NY) defended a tractor-trailer owner in a case where the plaintiff filed an action to recover for personal injuries allegedly sustained in a motor vehicle accident on the New York State Thruway, where our client’s tractor-trailer truck allegedly rear-ended the plaintiff’s vehicle. In addition to cervical and lumbar injuries, the plaintiff claimed three separate surgeries in relation to the accident, including a total knee replacement. The Supreme Court of the State of New York, County of Dutchess held that our client established, prima facie, that the plaintiff’s injuries were degenerative and unrelated to the accident through expert reports from a biomechanist (biology and physical mechanics to understand human movement) and orthopedist, as well as the plaintiff’s own medical records. Fatally, the plaintiff’s opposition did not include any medical records dated after her January 2020 knee surgery to objectively support any ongoing limitations, failing to raise a triable issue of fact that her alleged limitations were permanent or significant. The court noted that the plaintiff did not address the records submitted by our client regarding her knee replacement, which indicated that the basis for the surgery was “arthritis” with no reference to the accident. The court specifically cancelled jury selection in its decision, which was scheduled for March of 2025.