01-23-08* A-0401-06T3
1. Where expert witnesses agreed that plaintiff had a
herniated disc and that the injury was permanent but disagreed
as to whether the herniation was caused by the accident or
resulted from degenerative disc disease, the evidence was
sufficient to submit to a jury, and the trial court properly
denied defendant's motion for a directed verdict.
2. Where plaintiff did not raise the issue of a preexisting
condition and, in fact, denied a pre-existing
condition, but defendant raised the issue in cross-examining
plaintiff's expert, the trial court properly charged the jury on
pre-existing condition over defendant's objection. [*Approved
for Publication date]
