Rodgers v. Duffy

In Rodgers v. Duffy, 95 A.D.3d 864 (2d Dept. 2012) defendants had alleged that the wrist injury may have been preexisting and not causally related to the subject accident. However, the Court held that defendants had "failed to establish, prima facie, that the wrist injury was entirely preexisting and not causally related to the subject accident. A preexisting condition does not foreclose a finding that the injuries were causally related to the accident...The injured plaintiff alleged that his wrist was injured in the subject accident and that the injury persisted, ultimately requiring surgery in February 2010." (Rodgers v. Duffy, 95 A.D.3d at 866.)