Gelman v. Seven Seas Smoke House etc. CA2/8
On September 17, 2015, plaintiff and defendant’s employee were involved in an automobile accident. Defendant’s employee was parked on the side of the road, and as he pulled his van into traffic, plaintiff’s Mercedes crashed into him. At the time of the collision, plaintiff was traveling approximately 20 to 25 miles per hour, and defendant was slowly accelerating, moving less than 10 miles per hour.
Neurosurgeon Dr. Andrew Fox was plaintiff’s treating physician and was also retained as an expert who reviewed all of plaintiff’s medical records. Dr. Fox started treating plaintiff in June 2019, almost four years after the accident. When plaintiff first met with Dr. Fox, he complained about back and neck pain, and weakness and tingling in his left arm and left leg. Plaintiff reported that he developed symptoms soon after the accident and he did not have a history of back or neck problems.
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