After her vehicle was rear-ended, Theresa Smyth sued the McDonald family.
Although she claimed that she suffered severe injuries as a result of the collision, the Erie County Supreme Court noted that Smyth hadn't received medical treatment for a period of some 31 months, and dismissed the case because she was unable to explain that gap to the judge's satisfaction.
On appeal, the Appellate Division, Fourth Department, agreed that the passage of such a large chunk of time undermined the seriousness of her claims. (It didn't buy the explanation that Theresa had "hoped that the injury would heal on its own.")
Eee-Yi-Eee-Yi-Oh.
To view a copy of the Appellate Division's decision, please use this link: Smyth v. McDonald