Kevin Ashby was injured in a rear-end collision and claimed the incident aggravated a herniated disc condition.
After listening to expert testimony, and Ashby's inconsistent statements as to whether he had sought treatment for neck pain prior to the accident, an Orange County Supreme Court jury found Michael Mullin at fault for the crash but that Ashby hadn't suffered a serious injury as a result.
On appeal, the Appellate Division, Second Department, noted that a jury's verdict is usually upheld if it's based on a fair interpretation of the evidence.
Since the jury's conclusion -- the accident didn't cause Ashby's injury -- was reasonable under the circumstances, the AD2 affirmed the outcome.
Take that ...
To download a copy of the Appellate Division's decision, please use this link: Ashby v. Mullin