While the jury was deliberating at the conclusion of a 2017 trial, Nemchin v. Green, the defendant brought a threshold motion, seeking a declaration that the plaintiff had not suffered a permanent and serious impairment of an important physical, mental or psychological function as a result of the car accident and was therefore not entitled to non-pecuniary damages. The defendant’s argument centered on the issue of causation and the “but for” test for causation; specifically, the defendant asserted that the plaintiff’s PTSD and depression was not directly caused by the collision.
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FAIR – supporting auto accident victims through advocacy and education
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FAIR – supporting auto accident victims through advocacy and education
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FAIR – supporting auto accident victims through advocacy and education