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Because plaintiff in a car accident had a preexisting back injury with pain that caused him to miss work, he could not show the car accident caused him to miss work and he was not entitled to recover those damages.

Plaintiff brought an action against defendant for personal injuries and damages suffered as a result of an automobile collision. Defendant filed an answer and special defense claiming plaintiff was contributorily negligent. The court found that even if the light at the intersection where the collision occurred had turned green for defendant when he entered the intersection, plaintiff was already in the intersection, so defendant should have yielded the right of way. Accordingly, liability rested on defendant without any contributory negligence. However, the court found that plaintiff's claim for loss of work due to back pain was attributable to a pre-existing degenerative back condition that was already accompanied by pain and missed time from work. Plaintiff's medical records supported that determination. Plaintiff failed to prove with reasonable probability that the accident was the cause of his inability to work since that date, and he failed to prove that the accident was the cause of his permanent disability. Accordingly, the court made an award of economic and noneconomic damages that did not include lost time from work for the back pain. The court rejected defendant's claim of plaintiff's contributory negligence, but it also rejected plaintiff's claim for loss of work and for his claims of pain due to back pain. The court awarded a certain amount for economic and non-economic damages.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: Reyes v. Dwyer, 2004 Conn. Super. LEXIS 1585 (Jun 15, 2004)